HF 140

Conference Committee Report - 90th Legislature (2017 - 2018) Posted on 05/15/2017 08:10pm

1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 140

1.2A bill for an act

1.3relating to education; restructuring Minnesota's teacher licensing system;
1.4establishing the Professional Educator Licensing and Standards Board; transferring
1.5all teacher licensing and support personnel licensing and credentialing authority
1.6to the Professional Educator Licensing and Standards Board; providing for
1.7rulemaking; requiring a report; amending Minnesota Statutes 2016, sections
1.8120B.363, subdivision 1; 122A.06; 122A.07; 122A.08; 122A.09, subdivisions 1,
1.92, 3, 4, 4a, 6, 7, 9, 10; 122A.17; 122A.18, subdivisions 1, 2, 2b, 7a, 7c, 8, by adding
1.10a subdivision; 122A.19; 122A.20; 122A.22; 122A.23, subdivision 3; 122A.245,
1.11subdivisions 1, 2, 3, 5, 6, 9, 10; 122A.26, subdivision 2; 122A.28; 122A.29;
1.12122A.30; 124D.13, subdivision 11; 124D.454, subdivision 12; 124D.75,
1.13subdivisions 1, 6; 125A.67, subdivision 2; 127A.05, subdivision 6; 136A.1791,
1.14subdivision 1; 214.04, subdivisions 1, 3; 214.045; proposing coding for new law
1.15in Minnesota Statutes, chapter 122A; repealing Minnesota Statutes 2016, sections
1.16122A.09, subdivisions 5, 8, 11; 122A.14, subdivision 5; 122A.162; 122A.163;
1.17122A.18, subdivisions 2a, 3, 3a, 4, 4a, 6, 7, 7b; 122A.21, subdivision 2; 122A.23,
1.18subdivisions 1, 2; 122A.245, subdivisions 7, 8; 122A.25.
1.19May 15, 2017
1.20The Honorable Kurt L. Daudt
1.21Speaker of the House of Representatives
1.22The Honorable Michelle L. Fischbach
1.23President of the Senate
1.24We, the undersigned conferees for H. F. No. 140 report that we have agreed upon the
1.25items in dispute and recommend as follows:
1.26That the Senate recede from its amendments and that H. F. No. 140 be further amended
1.27as follows:
1.28Delete everything after the enacting clause and insert:

1.29"ARTICLE 1

1.30PROFESSIONAL EDUCATOR LICENSING AND STANDARDS BOARD

1.31    Section 1. Minnesota Statutes 2016, section 122A.06, is amended to read:
1.32122A.06 DEFINITIONS.
2.1    Subdivision 1. Scope. For the purpose of sections 122A.05 to 122A.09 122A.093, the
2.2terms defined in this section have the meanings given them, unless another meaning is
2.3clearly indicated.
2.4    Subd. 2. Teacher. "Teacher" means a classroom teacher or other similar professional
2.5employee required to hold a license from the Professional Educator Licensing and Standards
2.6Board of Teaching.
2.7    Subd. 3. Board. "Board" means the Professional Educator Licensing and Standards
2.8Board of Teaching.
2.9    Subd. 4. Comprehensive, scientifically based reading instruction. (a) "Comprehensive,
2.10scientifically based reading instruction" includes a program or collection of instructional
2.11practices that is based on valid, replicable evidence showing that when these programs or
2.12practices are used, students can be expected to achieve, at a minimum, satisfactory reading
2.13progress. The program or collection of practices must include, at a minimum, effective,
2.14balanced instruction in all five areas of reading: phonemic awareness, phonics, fluency,
2.15vocabulary development, and reading comprehension.
2.16Comprehensive, scientifically based reading instruction also includes and integrates
2.17instructional strategies for continuously assessing, evaluating, and communicating the
2.18student's reading progress and needs in order to design and implement ongoing interventions
2.19so that students of all ages and proficiency levels can read and comprehend text, write, and
2.20apply higher level thinking skills. For English learners developing literacy skills, districts
2.21are encouraged to use strategies that teach reading and writing in the students' native language
2.22and English at the same time.
2.23    (b) "Fluency" is the ability of students to read text with speed, accuracy, and proper
2.24expression.
2.25    (c) "Phonemic awareness" is the ability of students to notice, think about, and manipulate
2.26individual sounds in spoken syllables and words.
2.27    (d) "Phonics" is the understanding that there are systematic and predictable relationships
2.28between written letters and spoken words. Phonics instruction is a way of teaching reading
2.29that stresses learning how letters correspond to sounds and how to apply this knowledge in
2.30reading and spelling.
2.31    (e) "Reading comprehension" is an active process that requires intentional thinking
2.32during which meaning is constructed through interactions between text and reader.
2.33Comprehension skills are taught explicitly by demonstrating, explaining, modeling, and
3.1implementing specific cognitive strategies to help beginning readers derive meaning through
3.2intentional, problem-solving thinking processes.
3.3    (f) "Vocabulary development" is the process of teaching vocabulary both directly and
3.4indirectly, with repetition and multiple exposures to vocabulary items. Learning in rich
3.5contexts, incidental learning, and use of computer technology enhance the acquiring of
3.6vocabulary.
3.7(g) Nothing in this subdivision limits the authority of a school district to select a school's
3.8reading program or curriculum.
3.9    Subd. 5. Field. A "field" or "subject area" means the content area in which a teacher
3.10may become licensed to teach.
3.11    Subd. 6. Shortage area. "Shortage area" means:
3.12(1) licensure fields and economic development regions reported by the commissioner
3.13of education or the Professional Educator Licensing and Standards Board as experiencing
3.14a teacher shortage; and
3.15(2) economic development regions where there is a shortage of licensed teachers who
3.16reflect the racial or ethnic diversity of students in the region.
3.17    Subd. 7. Teacher preparation program. "Teacher preparation program" means a
3.18program approved by the Professional Educator Licensing and Standards Board for the
3.19purpose of preparing individuals for a specific teacher licensure field in Minnesota. Teacher
3.20preparation programs include traditional programs delivered by postsecondary institutions,
3.21alternative teacher preparation programs, and nonconventional teacher preparation programs.
3.22    Subd. 8. Teacher preparation program provider. "Teacher preparation program
3.23provider" or "unit" means an entity that has primary responsibility for overseeing and
3.24delivering a teacher preparation program.
3.25EFFECTIVE DATE.This section is effective January 1, 2018.

3.26    Sec. 2. Minnesota Statutes 2016, section 122A.07, is amended to read:
3.27122A.07 BOARD OF TEACHING PROFESSIONAL EDUCATOR LICENSING
3.28AND STANDARDS BOARD MEMBERSHIP.
3.29    Subdivision 1. Appointment of members. The Professional Educator Licensing and
3.30Standards Board of Teaching consists of 11 members appointed by the governor, with the
3.31advice and consent of the senate. Membership terms, compensation of members, removal
3.32of members, the filling of membership vacancies, and fiscal year and reporting requirements
4.1are as provided in sections 214.07 to 214.09. No member may be reappointed for more than
4.2one additional term.
4.3    Subd. 2. Eligibility; board composition. Except for the representatives of higher
4.4education and the public, to be eligible for appointment to the Board of Teaching a person
4.5must be a teacher currently teaching in a Minnesota school and fully licensed for the position
4.6held and have at least five years teaching experience in Minnesota, including the two years
4.7immediately preceding nomination and appointment. Each nominee, other than a public
4.8nominee, must be selected on the basis of professional experience and knowledge of teacher
4.9education, accreditation, and licensure. The board must be composed of:
4.10(1) six teachers who are currently teaching in a Minnesota school or who were teaching
4.11at the time of the appointment and who do not qualify under clause (2) or (3), at least four
4.12of whom must be teaching in a public school;, have at least five years of teaching experience,
4.13and were not serving in an administrative function at a school district or school when
4.14appointed. The six teachers must include the following:
4.15(i) one teacher in a charter school;
4.16(ii) one teacher from the seven-county metropolitan area, as defined in section 473.121,
4.17subdivision 2;
4.18(iii) one teacher from outside the seven-county metropolitan area;
4.19(iv) one teacher from a related service category licensed by the board;
4.20(v) one special education teacher; and
4.21(vi) one teacher from a teacher preparation program;
4.22(2) one higher education representative, who must be a faculty member preparing teachers
4.23one superintendent that alternates each term between a superintendent from the seven-county
4.24metropolitan area, as defined in section 473.121, subdivision 2, and a superintendent from
4.25outside the metropolitan area;
4.26(3) one school administrator district human resources director; and
4.27(4) three members of the public, two of whom must be present or former members of
4.28school boards one administrator of a cooperative unit under section 123A.24, subdivision
4.292, who oversees a special education program;
4.30(5) one principal that alternates each term between an elementary and a secondary school
4.31principal; and
4.32(6) one member of the public that may be a current or former school board member.
5.1    Subd. 2a. First appointments. (a) The governor shall nominate all members to the
5.2Professional Educator Licensing and Standards Board. The terms of the initial board members
5.3must be as follows:
5.4(1) two members must be appointed for terms that expire January 1, 2019;
5.5(2) three members must be appointed for terms that expire January 1, 2020;
5.6(3) three members must be appointed for terms that expire January 1, 2021; and
5.7(4) three members must be appointed for terms that expire January 1, 2022.
5.8(b) Members of the Board of Teaching as of January 1, 2017, are ineligible for first
5.9appointments to the Professional Educator Licensing and Standards Board for four years
5.10from the effective date of this section, except that two members of the Board of Teaching
5.11as of January 1, 2017, are eligible for appointment under paragraph (a), clause (1).
5.12    Subd. 3. Vacant position. With the exception of a teacher who retires from teaching
5.13during the course of completing a board term, the position of a member who leaves Minnesota
5.14or whose employment status changes to a category different from that from which appointed
5.15is deemed vacant.
5.16    Subd. 4. Administration, Terms, compensation; removal; vacancies. The provision
5.17of staff, administrative services and office space; the review and processing of complaints;
5.18the setting of fees; the selection and duties of an executive secretary director to serve the
5.19board; and other provisions relating to board operations not provided in this chapter are as
5.20provided in chapter 214. Membership terms, except as provided in subdivision 2a,
5.21compensation of members, removal of members, the filling of membership vacancies, and
5.22fiscal year and reporting requirements are as provided in sections 214.07 to 214.09.
5.23    Subd. 4a. Administration. (a) The executive director of the board shall be the chief
5.24administrative officer for the board but shall not be a member of the board. The executive
5.25director shall maintain the records of the board, account for all fees received by the board,
5.26supervise and direct employees servicing the board, and perform other services as directed
5.27by the board.
5.28(b) The Department of Administration must provide administrative support in accordance
5.29with section 16B.371. The commissioner of administration must assess the board for services
5.30it provides under this section.
5.31(c) The Department of Education must provide suitable offices and other space to the
5.32board at reasonable cost until January 1, 2020. Thereafter, the board may contract with
5.33either the Department of Education or the Department of Administration for the provision
6.1of suitable offices and other space, joint conference and hearing facilities, and examination
6.2rooms.
6.3    Subd. 5. District reimbursement for costs of substitute teachers. The Professional
6.4Educator Licensing and Standards Board may reimburse local school districts for the costs
6.5of substitute teachers employed when regular teachers are providing professional assistance
6.6to the state by serving on the board or on a committee or task force appointed by the board
6.7and charged to make recommendations concerning standards for teacher licensure in this
6.8state.
6.9EFFECTIVE DATE.This section is effective September 1, 2017.

6.10    Sec. 3. Minnesota Statutes 2016, section 122A.08, is amended to read:
6.11122A.08 MEETINGS.
6.12    Subdivision 1. Meetings. The Professional Educator Licensing and Standards Board of
6.13Teaching must meet regularly at the times and places as the board determines. Meetings
6.14must be called by the chair or at the written request of any eight members.
6.15    Subd. 2. Executive secretary director. The Professional Educator Licensing and
6.16Standards Board of Teaching must have an executive secretary director who is in the
6.17unclassified civil service and who is not a member of the board. The executive director must
6.18fulfill the duties provided in section 122A.09, subdivision 6. The board must review the
6.19performance of the executive director and set the salary of the executive director, not to
6.20exceed the limit for a position listed in section 15A.0815, subdivision 2.
6.21EFFECTIVE DATE.This section is effective January 1, 2018.

6.22    Sec. 4. Minnesota Statutes 2016, section 122A.09, subdivision 1, is amended to read:
6.23    Subdivision 1. Code of ethics. The Professional Educator Licensing and Standards
6.24Board of Teaching must develop by rule a code of ethics covering standards of professional
6.25teaching practices, including areas of ethical conduct and professional performance and
6.26methods of enforcement.
6.27EFFECTIVE DATE.This section is effective January 1, 2018.

6.28    Sec. 5. Minnesota Statutes 2016, section 122A.09, subdivision 2, is amended to read:
6.29    Subd. 2. Advise members of profession. The Professional Educator Licensing and
6.30Standards Board must act in an advisory capacity to members of the profession in matters
6.31of interpretation of the code of ethics.
7.1EFFECTIVE DATE.This section is effective January 1, 2018.

7.2    Sec. 6. Minnesota Statutes 2016, section 122A.09, subdivision 3, is amended to read:
7.3    Subd. 3. Election of chair and officers. The Professional Educator Licensing and
7.4Standards Board shall elect a chair and such other officers as it may deem necessary.
7.5EFFECTIVE DATE.This section is effective January 1, 2018.

7.6    Sec. 7. Minnesota Statutes 2016, section 122A.09, subdivision 4, is amended to read:
7.7    Subd. 4. License and rules Licensing. (a) The Professional Educator Licensing and
7.8Standards Board must adopt rules to license public school teachers and interns subject to
7.9chapter 14. license teachers, as defined in section 122A.15, subdivision 1, except for
7.10supervisory personnel, as defined in section 122A.15, subdivision 2. The board must not
7.11delegate its authority to make all licensing decisions with respect to candidates for teacher
7.12licensure. The board must evaluate candidates for compliance with statutory or rule
7.13requirements for licensure and develop licensure verification requirements.
7.14(b) The board must require all candidates for teacher licensure to demonstrate a passing
7.15score on a board-adopted skills examination in reading, writing, and mathematics, as a
7.16requirement for an initial professional five-year teaching license, except that the board may
7.17issue up to four initial professional one-year teaching licenses to an otherwise qualified
7.18candidate who has not yet passed the board-adopted skills exam. The board must require
7.19colleges and universities offering a board-approved teacher preparation program to provide
7.20remedial assistance to persons who did not achieve a qualifying score on the board-adopted
7.21skills examination, including those for whom English is a second language. The requirement
7.22to pass a board-adopted reading, writing, and mathematics skills examination does not apply
7.23to nonnative English speakers, as verified by qualified Minnesota school district personnel
7.24or Minnesota higher education faculty, who, after meeting the content and pedagogy
7.25requirements under this subdivision, apply for a teaching license to provide direct instruction
7.26in their native language or world language instruction under section 120B.022, subdivision
7.271 . The Board of Teaching and the entity administering the content, pedagogy, and skills
7.28examinations must allow any individual who produces documentation of a disability in the
7.29form of an evaluation, 504 plan, or individual education program (IEP) to receive the same
7.30testing accommodations on the content, pedagogy, and skills examinations that the applicant
7.31received during their secondary or postsecondary education.
7.32(c) The board must adopt rules to approve teacher preparation programs. The board,
7.33upon the request of a postsecondary student preparing for teacher licensure or a licensed
8.1graduate of a teacher preparation program, shall assist in resolving a dispute between the
8.2person and a postsecondary institution providing a teacher preparation program when the
8.3dispute involves an institution's recommendation for licensure affecting the person or the
8.4person's credentials. At the board's discretion, assistance may include the application of
8.5chapter 14.
8.6(d) The board must provide the leadership and adopt rules for the redesign of teacher
8.7education programs to implement a research based, results-oriented curriculum that focuses
8.8on the skills teachers need in order to be effective. Among other components, teacher
8.9preparation programs may use the Minnesota State Colleges and Universities program model
8.10to provide a school-year-long student teaching program that combines clinical opportunities
8.11with academic coursework and in-depth student teaching experiences to offer students
8.12ongoing mentorship, coaching, and assessment, help to prepare a professional development
8.13plan, and structured learning experiences. The board shall implement new systems of teacher
8.14preparation program evaluation to assure program effectiveness based on proficiency of
8.15graduates in demonstrating attainment of program outcomes. Teacher preparation programs
8.16including alternative teacher preparation programs under section 122A.245, among other
8.17programs, must include a content-specific, board-approved, performance-based assessment
8.18that measures teacher candidates in three areas: planning for instruction and assessment;
8.19engaging students and supporting learning; and assessing student learning. The board's
8.20redesign rules must include creating flexible, specialized teaching licenses, credentials, and
8.21other endorsement forms to increase students' participation in language immersion programs,
8.22world language instruction, career development opportunities, work-based learning, early
8.23college courses and careers, career and technical programs, Montessori schools, and project
8.24and place-based learning, among other career and college ready learning offerings.
8.25(e) The board must adopt rules requiring candidates for professional five-year teaching
8.26licenses to pass an examination of general pedagogical knowledge and examinations of
8.27licensure-specific teaching skills. The rules shall be effective by September 1, 2001. The
8.28rules under this paragraph also must require candidates for initial licenses to teach
8.29prekindergarten or elementary students to pass, as part of the examination of
8.30licensure-specific teaching skills, test items assessing the candidates' knowledge, skill, and
8.31ability in comprehensive, scientifically based reading instruction under section 122A.06,
8.32subdivision 4, and their knowledge and understanding of the foundations of reading
8.33development, the development of reading comprehension, and reading assessment and
8.34instruction, and their ability to integrate that knowledge and understanding.
9.1(f) The board must adopt rules requiring teacher educators to work directly with
9.2elementary or secondary school teachers in elementary or secondary schools to obtain
9.3periodic exposure to the elementary or secondary teaching environment.
9.4(g) The board must grant licenses to interns and to candidates for professional five-year
9.5teaching licenses based on appropriate professional competencies that are aligned with the
9.6board's licensing system and students' diverse learning needs. All teacher candidates must
9.7have preparation in English language development and content instruction for English
9.8learners in order to be able to effectively instruct the English learners in their classrooms.
9.9The board must include these licenses in a statewide differentiated licensing system that
9.10creates new leadership roles for successful experienced teachers premised on a collaborative
9.11professional culture dedicated to meeting students' diverse learning needs in the 21st century,
9.12recognizes the importance of cultural and linguistic competencies, including the ability to
9.13teach and communicate in culturally competent and aware ways, and formalizes mentoring
9.14and induction for newly licensed teachers provided through a teacher support framework.
9.15(h) The board must design and implement an assessment system which requires a
9.16candidate for an initial license and first continuing license to demonstrate the abilities
9.17necessary to perform selected, representative teaching tasks at appropriate levels.
9.18(i) The board must receive recommendations from local committees as established by
9.19the board for the renewal of teaching licenses. The board must require a licensed teacher
9.20who is renewing a professional five-year teaching license to include in the renewal
9.21requirements further preparation in English language development and specially designed
9.22content instruction in English for English learners.
9.23(j) The board must grant life licenses to those who qualify according to requirements
9.24established by the board, and suspend or revoke licenses pursuant to sections 122A.20 and
9.25214.10 . The board must not establish any expiration date for application for life licenses.
9.26(k) The board must adopt rules that require all licensed teachers who are renewing their
9.27professional five-year teaching licenses to include in their renewal requirements further
9.28preparation in the areas of using positive behavior interventions and in accommodating,
9.29modifying, and adapting curricula, materials, and strategies to appropriately meet the needs
9.30of individual students and ensure adequate progress toward the state's graduation rule.
9.31(l) In adopting rules to license public school teachers who provide health-related services
9.32for disabled children, the board shall adopt rules consistent with license or registration
9.33requirements of the commissioner of health and the health-related boards who license
9.34personnel who perform similar services outside of the school.
10.1(m) The board must adopt rules that require all licensed teachers who are renewing their
10.2professional five-year teaching licenses to include in their renewal requirements further
10.3reading preparation, consistent with section 122A.06, subdivision 4. The rules do not take
10.4effect until they are approved by law. Teachers who do not provide direct instruction
10.5including, at least, counselors, school psychologists, school nurses, school social workers,
10.6audiovisual directors and coordinators, and recreation personnel are exempt from this section.
10.7(n) The board must adopt rules that require all licensed teachers who are renewing their
10.8professional five-year teaching licenses to include in their renewal requirements at least
10.9one hour of suicide prevention best practices in each licensure renewal period that are based
10.10on nationally recognized evidence-based programs and practices, among the continuing
10.11education credits required to renew a license under this paragraph, and further preparation,
10.12first, in understanding the key warning signs of early-onset mental illness in children and
10.13adolescents and then, during subsequent licensure renewal periods, preparation may include
10.14providing a more in-depth understanding of students' mental illness trauma, accommodations
10.15for students' mental illness, parents' role in addressing students' mental illness, Fetal Alcohol
10.16Spectrum Disorders, autism, the requirements of section 125A.0942 governing restrictive
10.17procedures, and de-escalation methods, among other similar topics.
10.18(o) The board must adopt rules by January 1, 2016, to license applicants under sections
10.19122A.23 and 122A.245. The rules must permit applicants to demonstrate their qualifications
10.20through the board's recognition of a teaching license from another state in a similar content
10.21field, completion of a state-approved teacher preparation program, teaching experience as
10.22the teacher of record in a similar licensure field, depth of content knowledge, depth of
10.23content methods or general pedagogy, subject-specific professional development and
10.24contribution to the field, or classroom performance as determined by documented student
10.25growth on normed assessments or documented effectiveness on evaluations. The rules must
10.26adopt criteria for determining a "similar content field" and "similar licensure area."
10.27EFFECTIVE DATE.This section is effective July 1, 2018.

10.28    Sec. 8. Minnesota Statutes 2016, section 122A.09, subdivision 4a, is amended to read:
10.29    Subd. 4a. Teacher and administrator preparation and performance data; report
10.30Reports. (a) The Board of Teaching and the Board of School Administrators, in cooperation
10.31with the Minnesota Association of Colleges of Teacher Education and Minnesota colleges
10.32and universities offering board-adopted teacher or administrator preparation programs,
10.33annually must collect and report summary data on teacher and administrator preparation
10.34and performance outcomes, consistent with this subdivision. The Board of Teaching and
11.1the Board of School Administrators annually by June 1 must update and post the reported
11.2summary preparation and performance data on teachers and administrators from the preceding
11.3school years on a Web site hosted jointly by the boards. The Professional Educator Licensing
11.4and Standards Board must provide reports in accordance with section 122A.091.
11.5(b) Publicly reported summary data on teacher preparation programs must include:
11.6student entrance requirements for each Board of Teaching-approved program, including
11.7grade point average for enrolling students in the preceding year; the average board-adopted
11.8skills examination or ACT or SAT scores of students entering the program in the preceding
11.9year; summary data on faculty qualifications, including at least the content areas of faculty
11.10undergraduate and graduate degrees and their years of experience either as kindergarten
11.11through grade 12 classroom teachers or school administrators; the average time resident
11.12and nonresident program graduates in the preceding year needed to complete the program;
11.13the current number and percent of students by program who graduated, received a standard
11.14Minnesota teaching license, and were hired to teach full time in their licensure field in a
11.15Minnesota district or school in the preceding year; the number of content area credits and
11.16other credits by undergraduate program that students in the preceding school year needed
11.17to complete to graduate; students' pass rates on skills and subject matter exams required for
11.18graduation in each program and licensure area in the preceding school year; survey results
11.19measuring student and graduate satisfaction with the program in the preceding school year;
11.20a standard measure of the satisfaction of school principals or supervising teachers with the
11.21student teachers assigned to a school or supervising teacher; and information under
11.22paragraphs (d) and (e). Program reporting must be consistent with subdivision 11.
11.23(c) Publicly reported summary data on administrator preparation programs approved by
11.24the Board of School Administrators must include: summary data on faculty qualifications,
11.25including at least the content areas of faculty undergraduate and graduate degrees and their
11.26years of experience either as kindergarten through grade 12 classroom teachers or school
11.27administrators; the average time program graduates in the preceding year needed to complete
11.28the program; the current number and percent of students who graduated, received a standard
11.29Minnesota administrator license, and were employed as an administrator in a Minnesota
11.30school district or school in the preceding year; the number of credits by graduate program
11.31that students in the preceding school year needed to complete to graduate; survey results
11.32measuring student, graduate, and employer satisfaction with the program in the preceding
11.33school year; and information under paragraphs (f) and (g). Program reporting must be
11.34consistent with section 122A.14, subdivision 10.
12.1(d) School districts annually by October 1 must report to the Board of Teaching the
12.2following information for all teachers who finished the probationary period and accepted
12.3a continuing contract position with the district from September 1 of the previous year through
12.4August 31 of the current year: the effectiveness category or rating of the teacher on the
12.5summative evaluation under section 122A.40, subdivision 8, or 122A.41, subdivision 5;
12.6the licensure area in which the teacher primarily taught during the three-year evaluation
12.7cycle; and the teacher preparation program preparing the teacher in the teacher's primary
12.8areas of instruction and licensure.
12.9(e) School districts annually by October 1 must report to the Board of Teaching the
12.10following information for all probationary teachers in the district who were released or
12.11whose contracts were not renewed from September 1 of the previous year through August
12.1231 of the current year: the licensure areas in which the probationary teacher taught; and the
12.13teacher preparation program preparing the teacher in the teacher's primary areas of instruction
12.14and licensure.
12.15(f) School districts annually by October 1 must report to the Board of School
12.16Administrators the following information for all school principals and assistant principals
12.17who finished the probationary period and accepted a continuing contract position with the
12.18district from September 1 of the previous year through August 31 of the current year: the
12.19effectiveness category or rating of the principal or assistant principal on the summative
12.20evaluation under section 123B.147, subdivision 3; and the principal preparation program
12.21providing instruction to the principal or assistant principal.
12.22(g) School districts annually by October 1 must report to the Board of School
12.23Administrators all probationary school principals and assistant principals in the district who
12.24were released or whose contracts were not renewed from September 1 of the previous year
12.25through August 31 of the current year.
12.26EFFECTIVE DATE.This section is effective July 1, 2018.

12.27    Sec. 9. Minnesota Statutes 2016, section 122A.09, subdivision 6, is amended to read:
12.28    Subd. 6. Register of persons licensed. The executive secretary director of the
12.29Professional Educator Licensing and Standards Board of Teaching shall must keep a record
12.30of the proceedings of and a register of all persons licensed pursuant to the provisions of this
12.31chapter. The register must show the name, address, license number and the renewal of the
12.32license. The board must on July 1, of each year or as soon thereafter as is practicable, compile
12.33a list of such duly licensed teachers and transmit a copy of the list to the board. A copy of
13.1the register must be available during business hours at the office of the board to any interested
13.2person.
13.3EFFECTIVE DATE.This section is effective January 1, 2018.

13.4    Sec. 10. Minnesota Statutes 2016, section 122A.09, subdivision 7, is amended to read:
13.5    Subd. 7. Commissioner's assistance; Professional Educator Licensing and Standards
13.6Board money. The commissioner shall provide all necessary materials and assistance for
13.7the transaction of the business of the Board of Teaching and All moneys received by the
13.8Professional Educator Licensing and Standards Board of Teaching shall be paid into the
13.9state treasury as provided by law. The expenses of administering sections 120B.363, 122A.01,
13.10122A.05 to 122A.09, 122A.15, 122A.16, 122A.17, 122A.18, 122A.181, 122A.182, 122A.183,
13.11122A.184, 122A.185, 122A.186, 122A.187, 122A.188, 122A.20, 122A.21, 122A.22,
13.12122A.23 , 122A.2451, 122A.26, 122A.30, 122A.40, 122A.41, 122A.42, 122A.45, 122A.49,
13.13122A.54 , 122A.55, 122A.56, 122A.57, and 122A.58 which are incurred by the Professional
13.14Educator Licensing and Standards Board of Teaching shall be paid for from appropriations
13.15made to the Professional Educator Licensing and Standards Board of Teaching.
13.16EFFECTIVE DATE.This section is effective January 1, 2018.

13.17    Sec. 11. Minnesota Statutes 2016, section 122A.09, subdivision 9, is amended to read:
13.18    Subd. 9. Professional Educator Licensing and Standards Board may must adopt
13.19rules. (a) The Professional Educator Licensing and Standards Board of Teaching may must
13.20adopt rules subject to the provisions of chapter 14 to implement sections 120B.363, 122A.05
13.21to 122A.09, 122A.092, 122A.16, 122A.17, 122A.18, 122A.181, 122A.182, 122A.183,
13.22122A.184, 122A.185, 122A.186, 122A.187, 122A.188, 122A.20, 122A.21, and 122A.23,
13.23122A.26, 122A.28, and 122A.29.
13.24(b) The board must adopt rules relating to fields of licensure, including a process for
13.25granting permission to a licensed teacher to teach in a field that is different from the teacher's
13.26field of licensure without change to the teacher's license tier level.
13.27(c) The board must adopt rules relating to the grade levels that a licensed teacher may
13.28teach.
13.29(d) If a rule adopted by the board is in conflict with a session law or statute, the law or
13.30statute prevails. Terms adopted in rule must be clearly defined and must not be construed
13.31to conflict with terms adopted in statute or session law.
14.1(e) The board must include a description of a proposed rule's probable effect on teacher
14.2supply and demand in the board's statement of need and reasonableness under section 14.131.
14.3(f) The board must adopt rules only under the specific statutory authority.
14.4EFFECTIVE DATE.This section is effective January 1, 2018.

14.5    Sec. 12. Minnesota Statutes 2016, section 122A.09, subdivision 10, is amended to read:
14.6    Subd. 10. Permissions. (a) Notwithstanding subdivision 9 and sections 14.055 and
14.714.056 , the Professional Educator Licensing and Standards Board of Teaching may grant
14.8waivers to its rules upon application by a school district or a charter school for purposes of
14.9implementing experimental programs in learning or management.
14.10(b) To enable a school district or a charter school to meet the needs of students enrolled
14.11in an alternative education program and to enable licensed teachers instructing those students
14.12to satisfy content area licensure requirements, the Professional Educator Licensing and
14.13Standards Board of Teaching annually may permit a licensed teacher teaching in an
14.14alternative education program to instruct students in a content area for which the teacher is
14.15not licensed, consistent with paragraph (a).
14.16(c) A special education license permission issued by the Professional Educator Licensing
14.17and Standards Board of Teaching for a primary employer's low-incidence region is valid
14.18in all low-incidence regions.
14.19(d) The Board of Teaching may issue a one-year professional license under paragraph
14.20(a), which the board may renew two times, to allow a person holding a full credential from
14.21the American Montessori Society, a diploma from Association Montessori Internationale,
14.22or a certificate of completion from a program accredited by the Montessori Accreditation
14.23Council for Teacher Education to teach in a Montessori program operated by a school district
14.24or charter school.
14.25(e) The Board of Teaching may grant a one-year waiver, renewable two times, to allow
14.26individuals who hold a bachelor's degree from an accredited postsecondary institution,
14.27demonstrate occupational competency based on at least three years of full-time work
14.28experience in business or industry, and enroll and make satisfactory progress in an alternative
14.29preparation program leading to certification as a career and technical education instructor
14.30to teach career and technical education courses offered by a school district or charter school.
14.31A candidate that has obtained career and technical education certification may apply for a
14.32Tier 1 license under section 122A.181. Consistent with this paragraph and section 136F.361,
14.33the Professional Educator Licensing and Standards Board of Teaching must strongly
15.1encourage approved college or university-based teacher preparation programs and institutions
15.2throughout Minnesota to develop alternative pathways for certifying and licensing high
15.3school career and technical education instructors and teachers, allowing such candidates to
15.4meet certification and licensure standards that demonstrate their content knowledge,
15.5classroom experience, and pedagogical practices and their qualifications based on a
15.6combination of occupational testing, professional certification or licensure, and long-standing
15.7work experience.
15.8EFFECTIVE DATE.This section is effective July 1, 2018.

15.9    Sec. 13. [122A.091] REPORTS.
15.10    Subdivision 1. Teacher and administrator preparation and performance data;
15.11report. (a) The Professional Educator Licensing and Standards Board and the Board of
15.12School Administrators, in cooperation with board-adopted teacher or administrator
15.13preparation programs, annually must collect and report summary data on teacher and
15.14administrator preparation and performance outcomes, consistent with this subdivision. The
15.15Professional Educator Licensing and Standards Board and the Board of School Administrators
15.16annually by June 1 must update and post the reported summary preparation and performance
15.17data on teachers and administrators from the preceding school years on a Web site hosted
15.18jointly by the boards.
15.19(b) Publicly reported summary data on teacher preparation programs must include:
15.20(1) student entrance requirements for each Professional Educator Licensing and Standards
15.21Board-approved program, including grade point average for enrolling students in the
15.22preceding year;
15.23(2) the average board-adopted skills examination or ACT or SAT scores of students
15.24entering the program in the preceding year;
15.25(3) summary data on faculty qualifications, including at least the content areas of faculty
15.26undergraduate and graduate degrees and their years of experience either as kindergarten
15.27through grade 12 classroom teachers or school administrators;
15.28(4) the average time resident and nonresident program graduates in the preceding year
15.29needed to complete the program;
15.30(5) the current number and percentage of students by program who graduated, received
15.31a standard Minnesota teaching license, and were hired to teach full time in their licensure
15.32field in a Minnesota district or school in the preceding year disaggregated by race, except
16.1when disaggregation would not yield statistically reliable results or would reveal personally
16.2identifiable information about an individual;
16.3(6) the number of content area credits and other credits by undergraduate program that
16.4students in the preceding school year needed to complete to graduate;
16.5(7) students' pass rates on skills and subject matter exams required for graduation in
16.6each program and licensure area in the preceding school year;
16.7(8) survey results measuring student and graduate satisfaction with the program in the
16.8preceding school year disaggregated by race, except when disaggregation would not yield
16.9statistically reliable results or would reveal personally identifiable information about an
16.10individual;
16.11(9) a standard measure of the satisfaction of school principals or supervising teachers
16.12with the student teachers assigned to a school or supervising teacher; and
16.13(10) information under subdivision 3, paragraphs (a) and (b).
16.14Program reporting must be consistent with subdivision 2.
16.15(c) Publicly reported summary data on administrator preparation programs approved by
16.16the Board of School Administrators must include:
16.17(1) summary data on faculty qualifications, including at least the content areas of faculty
16.18undergraduate and graduate degrees and the years of experience either as kindergarten
16.19through grade 12 classroom teachers or school administrators;
16.20(2) the average time program graduates in the preceding year needed to complete the
16.21program;
16.22(3) the current number and percentage of students who graduated, received a standard
16.23Minnesota administrator license, and were employed as an administrator in a Minnesota
16.24school district or school in the preceding year disaggregated by race, except when
16.25disaggregation would not yield statistically reliable results or would reveal personally
16.26identifiable information about an individual;
16.27(4) the number of credits by graduate program that students in the preceding school year
16.28needed to complete to graduate;
16.29(5) survey results measuring student, graduate, and employer satisfaction with the
16.30program in the preceding school year disaggregated by race, except when disaggregation
16.31would not yield statistically reliable results or would reveal personally identifiable
16.32information about an individual; and
17.1(6) information under subdivision 3, paragraphs (c) and (d).
17.2Program reporting must be consistent with section 122A.14, subdivision 10.
17.3    Subd. 2. Teacher preparation program reporting. (a) By December 31, 2018, and
17.4annually thereafter, the Professional Educator Licensing and Standards Board shall report
17.5and publish on its Web site the cumulative summary results of at least three consecutive
17.6years of data reported to the board under subdivision 1, paragraph (b). Where the data are
17.7sufficient to yield statistically reliable information and the results would not reveal personally
17.8identifiable information about an individual teacher, the board shall report the data by teacher
17.9preparation program.
17.10(b) The Professional Educator Licensing and Standards Board must report annually to
17.11the chairs and ranking minority members of the legislative committees with jurisdiction
17.12over kindergarten through grade 12 education, the following information:
17.13(1) the total number of teacher candidates during the most recent school year taking a
17.14board-adopted skills examination;
17.15(2) the number who achieve a qualifying score on the examination;
17.16(3) the number who do not achieve a qualifying score on the examination; and
17.17(4) the candidates who have not passed a content or pedagogy exam.
17.18The information reported under this paragraph must be disaggregated by categories of race,
17.19ethnicity, and eligibility for financial aid. The report must be submitted in accordance with
17.20section 3.195.
17.21    Subd. 3. School district reports. (a) School districts annually by October 1 must report
17.22to the Professional Educator Licensing and Standards Board the following information for
17.23all teachers who finished the probationary period and accepted a continuing contract position
17.24with the district from September 1 of the previous year through August 31 of the current
17.25year:
17.26(1) the effectiveness category or rating of the teacher on the summative evaluation under
17.27section 122A.40, subdivision 8, or 122A.41, subdivision 5;
17.28(2) the licensure area in which the teacher primarily taught during the three-year
17.29evaluation cycle; and
17.30(3) the teacher preparation program preparing the teacher in the teacher's primary areas
17.31of instruction and licensure.
18.1(b) School districts annually by October 1 must report to the Professional Educator
18.2Licensing and Standards Board the following information for all probationary teachers in
18.3the district who were released or whose contracts were not renewed from September 1 of
18.4the previous year through August 31 of the current year:
18.5(1) the licensure areas in which the probationary teacher taught; and
18.6(2) the teacher preparation program preparing the teacher in the teacher's primary areas
18.7of instruction and licensure.
18.8(c) School districts annually by October 1 must report to the Board of School
18.9Administrators the following information for all school principals and assistant principals
18.10who finished the probationary period and accepted a continuing contract position with the
18.11district from September 1 of the previous year through August 31 of the current year:
18.12(1) the effectiveness category or rating of the principal or assistant principal on the
18.13summative evaluation under section 123B.147, subdivision 3; and
18.14(2) the principal preparation program providing instruction to the principal or assistant
18.15principal.
18.16(d) School districts annually by October 1 must report to the Board of School
18.17Administrators all probationary school principals and assistant principals in the district who
18.18were released or whose contracts were not renewed from September 1 of the previous year
18.19through August 31 of the current year.
18.20    Subd. 4. State reports. The Professional Educator Licensing and Standards Board must
18.21prepare reports in accordance with section 214.07.
18.22    Subd. 5. Survey of districts. (a) The Professional Educator Licensing and Standards
18.23Board must survey the state's school districts and teacher preparation programs and report
18.24to the education committees of the legislature by February 1, 2019, and each odd-numbered
18.25year thereafter, on the status of teacher early retirement patterns, the access to effective and
18.26more diverse teachers who reflect the students under section 120B.35, subdivision 3,
18.27paragraph (b), clause (2), enrolled in a district or school, the teacher shortage, and the
18.28substitute teacher shortage, including patterns and shortages in licensure field areas and the
18.29economic development regions of the state.
18.30(b) The report must also include:
18.31(1) aggregate data on teachers' self-reported race and ethnicity;
19.1(2) data on how districts are making progress in hiring teachers and substitute teachers
19.2in the areas of shortage; and
19.3(3) a five-year projection of teacher demand for each district, taking into account the
19.4students under section 120B.35, subdivision 3, paragraph (b), clause (2), expected to enroll
19.5in the district during that five-year period.
19.6    Subd. 6. Implementation report. By January 1, 2019, the Professional Educator
19.7Licensing and Standards Board must prepare a report to the legislature on the implementation
19.8of the teacher licensure system established under sections 122A.18 to 122A.184. The report
19.9must include the number of applicants for licensure in each tier, the number of applications
19.10granted and denied, summary data on the reasons applications were denied, and the status
19.11of the board's rulemaking process for all licensure related rules.
19.12EFFECTIVE DATE.This section is effective January 1, 2018.

19.13    Sec. 14. [122A.092] TEACHER PREPARATION PROGRAMS.
19.14    Subdivision 1. Rules. The board must adopt rules to approve teacher preparation
19.15programs, including alternative teacher preparation programs under section 122A.2451,
19.16nonconventional programs, and Montessori teacher training programs.
19.17    Subd. 2. Requirements for board approval. Teacher preparation programs must
19.18demonstrate the following to obtain board approval:
19.19(1) the program has implemented a research-based, results-oriented curriculum that
19.20focuses on the skills teachers need in order to be effective;
19.21(2) the program provides a student teaching program;
19.22(3) the program demonstrates effectiveness based on proficiency of graduates in
19.23demonstrating attainment of program outcomes;
19.24(4) the program includes a common core of teaching knowledge and skills. This common
19.25core shall meet the standards developed by the Interstate New Teacher Assessment and
19.26Support Consortium in its 1992 model standards for beginning teacher licensing and
19.27development. Amendments to standards adopted under this clause are subject to chapter
19.2814. The Professional Educator Licensing and Standards Board shall report annually to the
19.29education committees of the legislature on the performance of teacher candidates on common
19.30core assessments of knowledge and skills under this clause during the most recent school
19.31year;
20.1(5) the program includes instruction on the knowledge and skills needed to provide
20.2appropriate instruction to English learners to support and accelerate their academic literacy,
20.3including oral academic language and achievement in content areas in a regular classroom
20.4setting; and
20.5(6) the program includes culturally competent training in instructional strategies consistent
20.6with section 120B.30, subdivision 1, paragraph (q).
20.7    Subd. 3. Specialized credentials. The board must adopt rules creating flexible,
20.8specialized teaching licenses, credentials, and other endorsement forms to increase students'
20.9participation in language immersion programs, world language instruction, career
20.10development opportunities, work-based learning, early college courses and careers, career
20.11and technical programs, Montessori schools, and project- and place-based learning, among
20.12other career and college readiness learning offerings.
20.13    Subd. 4. Teacher educators. The board must adopt rules requiring teacher educators
20.14to work directly with elementary or secondary school teachers in elementary or secondary
20.15schools to obtain periodic exposure to the elementary and secondary teaching environments.
20.16    Subd. 5. Reading strategies. (a) All colleges and universities approved by the
20.17Professional Educator Licensing and Standards Board to prepare persons for classroom
20.18teacher licensure must include in their teacher preparation programs research-based best
20.19practices in reading, consistent with section 122A.06, subdivision 4, that enables the licensure
20.20candidate to teach reading in the candidate's content areas. Teacher candidates must be
20.21instructed in using students' native languages as a resource in creating effective differentiated
20.22instructional strategies for English learners developing literacy skills. These colleges and
20.23universities also must prepare early childhood and elementary teacher candidates for Tier
20.243 and Tier 4 teaching licenses under sections 122A.183 and 122A.184, respectively, for the
20.25portion of the examination under section 122A.185, subdivision 1, paragraph (c), covering
20.26assessment of reading instruction.
20.27(b) Board-approved teacher preparation programs for teachers of elementary education
20.28must require instruction in applying comprehensive, scientifically based, and balanced
20.29reading instruction programs that:
20.30(1) teach students to read using foundational knowledge, practices, and strategies
20.31consistent with section 122A.06, subdivision 4, so that all students achieve continuous
20.32progress in reading; and
20.33(2) teach specialized instruction in reading strategies, interventions, and remediations
20.34that enable students of all ages and proficiency levels to become proficient readers.
21.1(c) Nothing in this section limits the authority of a school district to select a school's
21.2reading program or curriculum.
21.3    Subd. 6. Technology strategies. All colleges and universities approved by the
21.4Professional Educator Licensing and Standards Board to prepare persons for classroom
21.5teacher licensure must include in their teacher preparation programs the knowledge and
21.6skills teacher candidates need to engage students with technology and deliver digital and
21.7blended learning and curriculum.
21.8    Subd. 7. Student teaching program. A teacher preparation program may provide a
21.9year-long student teaching program that combines clinical opportunities with academic
21.10coursework and in-depth student teaching experiences to offer students:
21.11(1) ongoing mentorship;
21.12(2) coaching;
21.13(3) assessment;
21.14(4) help to prepare a professional development plan; and
21.15(5) structured learning experiences.
21.16    Subd. 8. Existing programs. The approval of teacher preparation programs approved
21.17by the Board of Teaching before the effective date of this section must remain in effect
21.18unless and until the Professional Educator Licensing and Standards Board denies approval
21.19or reapproves the program.
21.20EFFECTIVE DATE.This section is effective July 1, 2018.

21.21    Sec. 15. [122A.093] FRAUD; GROSS MISDEMEANOR.
21.22A person who claims to be a licensed teacher without a valid existing license issued by
21.23the board or any person who employs fraud or deception in applying for or securing a license
21.24is guilty of a gross misdemeanor.
21.25EFFECTIVE DATE.This section is effective January 1, 2018.

21.26    Sec. 16. Minnesota Statutes 2016, section 122A.22, is amended to read:
21.27122A.22 DISTRICT VERIFICATION OF TEACHER LICENSES.
21.28No person shall be accounted a qualified teacher until the school district or charter school
21.29contracting with the person for teaching services verifies through the Minnesota education
21.30licensing system available on the department Professional Educator Licensing and Standards
22.1Board Web site that the person is a qualified teacher, consistent with sections 122A.16 and
22.2122A.44, subdivision 1 .
22.3EFFECTIVE DATE.This section is effective January 1, 2018.

22.4    Sec. 17. Minnesota Statutes 2016, section 127A.05, subdivision 6, is amended to read:
22.5    Subd. 6. Survey of districts. The commissioner of education shall survey the state's
22.6school districts and teacher preparation programs and report to the education committees
22.7of the legislature by February 1 of each odd-numbered year until 2018 on the status of
22.8teacher early retirement patterns, the access to effective and more diverse teachers who
22.9reflect the students under section 120B.35, subdivision 3, paragraph (b), clause (2), enrolled
22.10in a district or school, the teacher shortage, and the substitute teacher shortage, including
22.11patterns and shortages in subject areas and the economic development regions of the state.
22.12The report must also include: aggregate data on teachers' self-reported race and ethnicity;
22.13data on how districts are making progress in hiring teachers and substitutes in the areas of
22.14shortage; and a five-year projection of teacher demand for each district, taking into account
22.15the students under section 120B.35, subdivision 3, paragraph (b), clause (2), expected to
22.16enroll in the district during that five-year period.

22.17    Sec. 18. Minnesota Statutes 2016, section 214.04, subdivision 1, is amended to read:
22.18    Subdivision 1. Services provided. The commissioner of education with respect to the
22.19Board of Teaching; the commissioner of public safety with respect to the Board of Private
22.20Detective and Protective Agent Services; the Board of Peace Officer Standards and Training;
22.21and the commissioner of revenue with respect to the Board of Assessors, shall provide
22.22suitable offices and other space, joint conference and hearing facilities, examination rooms,
22.23and the following administrative support services: purchasing service, accounting service,
22.24advisory personnel services, consulting services relating to evaluation procedures and
22.25techniques, data processing, duplicating, mailing services, automated printing of license
22.26renewals, and such other similar services of a housekeeping nature as are generally available
22.27to other agencies of state government. Investigative services shall be provided the boards
22.28by employees of the Office of Attorney General. The commissioner of health with respect
22.29to the health-related licensing boards shall provide mailing and office supply services and
22.30may provide other facilities and services listed in this subdivision at a central location upon
22.31request of the health-related licensing boards. The commissioner of commerce with respect
22.32to the remaining non-health-related licensing boards shall provide the above facilities and
22.33services at a central location for the remaining non-health-related licensing boards. The
23.1legal and investigative services for the boards shall be provided by employees of the attorney
23.2general assigned to the departments servicing the boards. Notwithstanding the foregoing,
23.3the attorney general shall not be precluded by this section from assigning other attorneys
23.4to service a board if necessary in order to insure competent and consistent legal
23.5representation. Persons providing legal and investigative services shall to the extent
23.6practicable provide the services on a regular basis to the same board or boards.
23.7EFFECTIVE DATE.This section is effective July 1, 2018.

23.8    Sec. 19. Minnesota Statutes 2016, section 214.045, is amended to read:
23.9214.045 COORDINATION WITH PROFESSIONAL EDUCATOR LICENSING
23.10AND STANDARDS BOARD OF TEACHING.
23.11The commissioner of health and the health-related licensing boards must coordinate
23.12with the Professional Educator Licensing and Standards Board of Teaching when modifying
23.13licensure requirements for regulated persons in order to have consistent regulatory
23.14requirements for personnel who perform services in schools.
23.15EFFECTIVE DATE.This section is effective January 1, 2018.

23.16    Sec. 20. TRANSFER OF POWERS.
23.17(a) The creation of the Professional Educator Licensing and Standards Board shall be
23.18considered a transfer by law of the responsibilities of the Board of Teaching and the
23.19Minnesota Department of Education with respect to licensure and credentialing of teachers
23.20and school personnel to the Professional Educator Licensing and Standards Board for
23.21purposes of Minnesota Statutes, section 15.039. All classified and unclassified positions
23.22associated with the responsibilities being transferred to the Professional Educator Licensing
23.23and Standards Board are transferred with their incumbents to the new agency pursuant to
23.24Minnesota Statutes, section 15.039, subdivision 7, except as otherwise provided in Minnesota
23.25Statutes, section 122A.07.
23.26(b) The responsibilities of the Minnesota Department of Education with respect to
23.27licensure of school administrators are transferred by law to the Board of School
23.28Administrators for purposes of section 15.039.
23.29(c) The responsibilities of the Minnesota Department of Education with respect to the
23.30survey of districts under section 127A.05, subdivision 6, and the staff automated reporting
23.31(STAR) system, are transferred by law to the Professional Educator Licensing and Standards
23.32Board for purposes of section 15.039.
24.1(d) The Professional Educator Licensing and Standards Board must review all rules
24.2adopted by the Board of Teaching and amend or repeal rules not consistent with statute.
24.3The Professional Educator Licensing and Standards Board must review all teacher preparation
24.4programs approved by the Board of Teaching to determine whether the approved programs
24.5meet the needs of schools in Minnesota.
24.6EFFECTIVE DATE.This section is effective January 1, 2018.

24.7    Sec. 21. FIRST APPOINTMENTS TO THE PROFESSIONAL EDUCATOR
24.8LICENSING AND STANDARDS BOARD.
24.9(a) The governor shall make appointments to the Professional Educator Licensing and
24.10Standards Board by September 1, 2017, for terms that begin January 1, 2018. The governor
24.11shall designate one member of the board to convene the first meeting by February 1, 2018,
24.12and to act as chair until the board elects a chair at its first meeting. The first superintendent
24.13appointed under Minnesota Statutes, section 122A.07, subdivision 2, clause (2), must be
24.14from outside the metropolitan area. The governor is encouraged to consider eligible
24.15candidates that have previously served on the Board of Teaching for appointment to the
24.16Professional Educator Licensing and Standards Board.
24.17(b) The terms of the first members appointed to the board do not count towards the term
24.18limit under Minnesota Statutes, section 122A.07, subdivision 1, if the term expires before
24.192022.
24.20(c) Beginning October 2, 2017, the board members appointed by the governor under
24.21paragraph (a) may informally organize and prepare for their terms. The appointee representing
24.22the superintendent member must convene the first transition meeting. At the first meeting,
24.23the appointees must select a chairperson to lead the transition meetings. Between October
24.242, 2017, and January 1, 2018, the board members must begin the selection process for the
24.25executive director under Minnesota Statutes, section 122A.08, subdivision 2. The board
24.26members' transition meetings are subject to the Open Meeting Law under Minnesota Statutes,
24.27chapter 13D.

24.28    Sec. 22. REVISOR INSTRUCTION.
24.29In Minnesota Statutes and Minnesota Rules, the revisor of statutes shall substitute the
24.30term "Professional Educator Licensing and Standards Board" for "Board of Teaching"
24.31wherever the term refers to the powers, duties, and responsibilities of the Board of Teaching.
24.32The revisor shall also make grammatical changes related to the change in terms.

25.1    Sec. 23. REPEALER.
25.2Minnesota Statutes 2016, section 122A.09, subdivisions 5, 8, and 11, are repealed.
25.3EFFECTIVE DATE.This section is effective January 1, 2018.

25.4ARTICLE 2

25.5LICENSURE

25.6    Section 1. Minnesota Statutes 2016, section 122A.17, is amended to read:
25.7122A.17 VALIDITY OF CERTIFICATES OR LICENSES.
25.8(a) A rule adopted by the Board of Teaching or the Professional Educator Licensing and
25.9Standards Board must not affect the validity of certificates or licenses to teach in effect on
25.10July 1, 1974, or the rights and privileges of the holders thereof, except that any such
25.11certificate or license may be suspended or revoked for any of the causes and by the procedures
25.12specified by law.
25.13(b) All teacher licenses in effect on January 1, 2018, shall remain valid for one additional
25.14year after the date the license is scheduled to expire.
25.15EFFECTIVE DATE.This section is effective January 1, 2018.

25.16    Sec. 2. Minnesota Statutes 2016, section 122A.18, subdivision 1, is amended to read:
25.17    Subdivision 1. Authority to license. (a) The Professional Educator Licensing and
25.18Standards Board of Teaching must license teachers, as defined in section 122A.15,
25.19subdivision 1 , except for supervisory personnel, as defined in section 122A.15, subdivision
25.202 . issue the following teacher licenses to candidates who meet the qualifications prescribed
25.21by this chapter:
25.22(1) Tier 1 license under section 122A.181;
25.23(2) Tier 2 license under section 122A.182;
25.24(3) Tier 3 license under section 122A.183; and
25.25(4) Tier 4 license under section 122A.184.
25.26(b) The Board of School Administrators must license supervisory personnel as defined
25.27in section 122A.15, subdivision 2, except for athletic coaches.
25.28(c) Licenses under the jurisdiction of the Board of Teaching, the Board of School
25.29Administrators, and the commissioner of education must be issued through the licensing
25.30section of the department.
26.1(d) (c) The Professional Educator Licensing and Standards Board of Teaching and the
26.2Department of Education must enter into a data sharing agreement to share:
26.3(1) educational data at the E-12 level for the limited purpose of program approval and
26.4improvement for teacher education programs. The program approval process must include
26.5targeted redesign of teacher preparation programs to address identified E-12 student areas
26.6of concern; and
26.7(2) data in the staff automated reporting system for the limited purpose of managing and
26.8processing funding to school districts and other entities.
26.9(e) (d) The Board of School Administrators and the Department of Education must enter
26.10into a data sharing agreement to share educational data at the E-12 level for the limited
26.11purpose of program approval and improvement for education administration programs. The
26.12program approval process must include targeted redesign of education administration
26.13preparation programs to address identified E-12 student areas of concern.
26.14(f) (e) For purposes of the data sharing agreements under paragraphs (d) (c) and (e) (d),
26.15the Professional Educator Licensing and Standards Board of Teaching, Board of School
26.16Administrators, and Department of Education may share private data, as defined in section
26.1713.02, subdivision 12 , on teachers and school administrators. The data sharing agreements
26.18must not include educational data, as defined in section 13.32, subdivision 1, but may include
26.19summary data, as defined in section 13.02, subdivision 19, derived from educational data.
26.20EFFECTIVE DATE.This section is effective July 1, 2018.

26.21    Sec. 3. Minnesota Statutes 2016, section 122A.18, subdivision 2, is amended to read:
26.22    Subd. 2. Teacher and Support personnel qualifications. (a) The Professional Educator
26.23Licensing and Standards Board of Teaching must issue licenses and credentials under its
26.24jurisdiction to persons the board finds to be qualified and competent for their respective
26.25positions, including those meeting the standards adopted under section 122A.09, subdivision
26.264 , paragraph (n) support personnel positions in accordance with section 120B.36.
26.27(b) The board must require a candidate for teacher licensure to demonstrate a passing
26.28score on a board-adopted examination of skills in reading, writing, and mathematics, before
26.29being granted a professional five-year teaching license to provide direct instruction to pupils
26.30in prekindergarten, elementary, secondary, or special education programs, except that the
26.31board may issue up to four temporary, one-year teaching licenses to an otherwise qualified
26.32candidate who has not yet passed a board-adopted skills exam. At the request of the
26.33employing school district or charter school, the Board of Teaching may issue an initial
27.1professional one-year teaching license to an otherwise qualified teacher not passing or
27.2demonstrating a passing score on a board-adopted skills examination in reading, writing,
27.3and mathematics. For purposes of this section, the initial professional one-year teaching
27.4license issued by the board is limited to the current subject or content matter the teacher is
27.5employed to teach and limited to the district or charter school requesting the initial
27.6professional one-year teaching license. If the board denies the request, it must provide a
27.7detailed response to the school administrator as to the reasons for the denial. The board
27.8must require colleges and universities offering a board approved teacher preparation program
27.9to make available upon request remedial assistance that includes a formal diagnostic
27.10component to persons enrolled in their institution who did not achieve a qualifying score
27.11on a board-adopted skills examination, including those for whom English is a second
27.12language. The colleges and universities must make available assistance in the specific
27.13academic areas of candidates' deficiency. School districts may make available upon request
27.14similar, appropriate, and timely remedial assistance that includes a formal diagnostic
27.15component to those persons employed by the district who completed their teacher education
27.16program, who did not achieve a qualifying score on a board-adopted skills examination,
27.17and who received an initial professional one-year teaching license to teach in Minnesota.
27.18The Board of Teaching shall report annually to the education committees of the legislature
27.19on the total number of teacher candidates during the most recent school year taking a
27.20board-adopted skills examination, the number who achieve a qualifying score on the
27.21examination, the number who do not achieve a qualifying score on the examination, and
27.22the candidates who have not passed a content or pedagogy exam, disaggregated by categories
27.23of race, ethnicity, and eligibility for financial aid.
27.24(c) The Board of Teaching must grant professional five-year teaching licenses only to
27.25those persons who have met board criteria for that license, which includes passing a
27.26board-adopted skills examination in reading, writing, and mathematics, and the exceptions
27.27in section 122A.09, subdivision 4, paragraph (b), that are consistent with this paragraph.
27.28The requirement to pass a board-adopted reading, writing, and mathematics skills
27.29examination, does not apply to nonnative English speakers, as verified by qualified Minnesota
27.30school district personnel or Minnesota higher education faculty, who, after meeting the
27.31content and pedagogy requirements under this subdivision, apply for a professional five-year
27.32teaching license to provide direct instruction in their native language or world language
27.33instruction under section 120B.022, subdivision 1.
27.34(d) All colleges and universities approved by the board of teaching to prepare persons
27.35for teacher licensure must include in their teacher preparation programs a common core of
28.1teaching knowledge and skills to be acquired by all persons recommended for teacher
28.2licensure. Among other requirements, teacher candidates must demonstrate the knowledge
28.3and skills needed to provide appropriate instruction to English learners to support and
28.4accelerate their academic literacy, including oral academic language, and achievement in
28.5content areas in a regular classroom setting. This common core shall meet the standards
28.6developed by the interstate new teacher assessment and support consortium in its 1992
28.7"model standards for beginning teacher licensing and development." Amendments to
28.8standards adopted under this paragraph are covered by chapter 14. The board of teaching
28.9shall report annually to the education committees of the legislature on the performance of
28.10teacher candidates on common core assessments of knowledge and skills under this paragraph
28.11during the most recent school year.
28.12EFFECTIVE DATE.This section is effective July 1, 2018.

28.13    Sec. 4. Minnesota Statutes 2016, section 122A.18, subdivision 2b, is amended to read:
28.14    Subd. 2b. Reading specialist. Not later than July 1, 2002, The Professional Educator
28.15Licensing and Standards Board of Teaching must adopt rules providing for reading teacher
28.16licensure.
28.17EFFECTIVE DATE.This section is effective July 1, 2018.

28.18    Sec. 5. Minnesota Statutes 2016, section 122A.18, subdivision 7a, is amended to read:
28.19    Subd. 7a. Permission to substitute teach. (a) The Professional Educator Licensing and
28.20Standards Board of Teaching may allow a person who otherwise qualifies for a Tier 1 license
28.21in accordance with section 122A.181, subdivision 2, or is enrolled in and making satisfactory
28.22progress in a board-approved teacher program and who has successfully completed student
28.23teaching to be employed as a short-call substitute teacher.
28.24(b) The Professional Educator Licensing and Standards Board of Teaching may issue a
28.25lifetime qualified short-call or long-call substitute teaching license to a person who:
28.26(1) was a qualified teacher under section 122A.16 while holding a professional five-year
28.27Tier 3 or Tier 4 teaching license issued by the board, under sections 122A.183 and 122A.184,
28.28respectively, and receives a retirement annuity from the Teachers Retirement Association
28.29or the St. Paul Teachers Retirement Fund Association;
28.30(2) holds an out-of-state teaching license and receives a retirement annuity as a result
28.31of the person's teaching experience; or
29.1(3) held a professional five-year Tier 3 or Tier 4 teaching license issued by the board,
29.2under sections 122A.183 and 122A.184, respectively, taught at least three school years in
29.3an accredited nonpublic school in Minnesota, and receives a retirement annuity as a result
29.4of the person's teaching experience.
29.5A person holding a lifetime qualified short-call or long-call substitute teaching license is
29.6not required to complete continuing education clock hours. A person holding this license
29.7may reapply to the board for either:
29.8    (i) a professional five-year Tier 3 or Tier 4 teaching license under sections 122A.183
29.9and 122A.184, respectively, and must again complete continuing education clock hours one
29.10school year after receiving the professional five-year Tier 3 or Tier 4 teaching license; or
29.11    (ii) a Tier 1 license under section 122A.181, provided that the candidate has a bachelor's
29.12degree, an associate's degree, or an appropriate professional credential in the content area
29.13the candidate will teach, in accordance with section 122A.181, subdivision 2.
29.14EFFECTIVE DATE.This section is effective July 1, 2018.

29.15    Sec. 6. Minnesota Statutes 2016, section 122A.18, subdivision 7c, is amended to read:
29.16    Subd. 7c. Temporary military license. The Professional Educator Licensing and
29.17Standards Board of Teaching shall establish a temporary license in accordance with section
29.18197.4552 for teaching. The fee for a temporary license under this subdivision shall be $87.90
29.19for an online application or $86.40 for a paper application. The board must provide candidates
29.20for a license under this subdivision with information regarding the tiered licensure system
29.21provided in sections 122A.18 to 122A.184.
29.22EFFECTIVE DATE.This section is effective July 1, 2018.

29.23    Sec. 7. Minnesota Statutes 2016, section 122A.18, subdivision 8, is amended to read:
29.24    Subd. 8. Background checks. (a) The Professional Educator Licensing and Standards
29.25Board of Teaching and the commissioner of education the Board of School Administrators
29.26must request a criminal history background check from the superintendent of the Bureau
29.27of Criminal Apprehension on all first-time teaching applicants for licenses under their
29.28jurisdiction. Applicants must include with their licensure applications:
29.29(1) an executed criminal history consent form, including fingerprints; and
29.30(2) a money order or cashier's check payable to the Bureau of Criminal Apprehension
29.31for the fee for conducting the criminal history background check.
30.1(b) The superintendent of the Bureau of Criminal Apprehension shall perform the
30.2background check required under paragraph (a) by retrieving criminal history data as defined
30.3in section 13.87 and shall also conduct a search of the national criminal records repository.
30.4The superintendent is authorized to exchange fingerprints with the Federal Bureau of
30.5Investigation for purposes of the criminal history check. The superintendent shall recover
30.6the cost to the bureau of a background check through the fee charged to the applicant under
30.7paragraph (a).
30.8(c) The Professional Educator Licensing and Standards Board of Teaching or the
30.9commissioner of education Board of School Administrators may issue a license pending
30.10completion of a background check under this subdivision, but must notify the individual
30.11and the school district or charter school employing the individual that the individual's license
30.12may be revoked based on the result of the background check.
30.13EFFECTIVE DATE.This section is effective July 1, 2018.

30.14    Sec. 8. Minnesota Statutes 2016, section 122A.18, is amended by adding a subdivision to
30.15read:
30.16    Subd. 10. Licensure via portfolio. (a) The Professional Educator Licensing and Standards
30.17Board must adopt rules establishing a process for an eligible candidate to obtain any teacher
30.18license under subdivision 1, or to add a licensure field, via portfolio. The portfolio licensure
30.19application process must be consistent with the requirements in this subdivision.
30.20(b) A candidate for a license must submit to the board one portfolio demonstrating
30.21pedagogical competence and one portfolio demonstrating content competence.
30.22(c) A candidate seeking to add a licensure field must submit to the board one portfolio
30.23demonstrating content competence for each licensure field the candidate seeks to add.
30.24(d) The board must notify a candidate who submits a portfolio under paragraph (b) or
30.25(c) within 90 calendar days after the portfolio is received whether or not the portfolio is
30.26approved. If the portfolio is not approved, the board must immediately inform the candidate
30.27how to revise the portfolio to successfully demonstrate the requisite competence. The
30.28candidate may resubmit a revised portfolio at any time and the board must approve or
30.29disapprove the revised portfolio within 60 calendar days of receiving it.
30.30(e) A candidate must pay to the board a $300 fee for the first portfolio submitted for
30.31review and a $200 fee for any portfolio submitted subsequently. The revenue generated
30.32from the fee must be deposited in an education licensure portfolio account in the special
31.1revenue fund. The fees are nonrefundable for applicants not qualifying for a license. The
31.2board may waive or reduce fees for candidates based on financial need.
31.3EFFECTIVE DATE.This section is effective July 1, 2018.

31.4    Sec. 9. [122A.181] TIER 1 LICENSE.
31.5    Subdivision 1. Application requirements. The Professional Educator Licensing and
31.6Standards Board must approve a request from a district or charter school to issue a Tier 1
31.7license in a specified content area to a candidate if:
31.8(1) the candidate meets the professional requirement in subdivision 2;
31.9(2) the district or charter school affirms that the candidate has the necessary skills and
31.10knowledge to teach in the specified content area; and
31.11(3) the district or charter school demonstrates that:
31.12(i) a criminal background check has been completed on the candidate; and
31.13(ii) the district or charter school has posted the teacher position but was unable to hire
31.14an acceptable teacher with a Tier 2, 3, or 4 license for the position.
31.15    Subd. 2. Professional requirements. (a) A candidate for a Tier 1 license must have a
31.16bachelor's degree to teach a class or course outside a career and technical education or career
31.17pathways course of study.
31.18(b) A candidate for a Tier 1 license must have one of the following credentials in a
31.19relevant content area to teach a class in a career and technical education or career pathways
31.20course of study:
31.21(1) an associate's degree;
31.22(2) a professional certification; or
31.23(3) five years of relevant work experience.
31.24    Subd. 3. Term of license and renewal. (a) The Professional Educator Licensing and
31.25Standards Board must issue an initial Tier 1 license for a term of one year. A Tier 1 license
31.26may be renewed subject to paragraphs (b) and (c). The board may submit written comments
31.27to the district or charter school that requested the renewal regarding the candidate.
31.28(b) The Professional Educator Licensing and Standards Board must renew a Tier 1
31.29license if:
32.1(1) the district or charter school requesting the renewal demonstrates that it has posted
32.2the teacher position but was unable to hire an acceptable teacher with a Tier 2, 3, or 4 license
32.3for the position; and
32.4(2) the teacher holding the Tier 1 license took a content examination in accordance with
32.5section 122A.185 and submitted the examination results to the teacher's employing district
32.6or charter school within one year of the board approving the request for the initial Tier 1
32.7license.
32.8The requirement in clause (2) does not apply to a teacher that teaches a class in a career and
32.9technical education or career pathways course of study.
32.10(c) A Tier 1 license must not be renewed more than three times, unless the requesting
32.11district or charter school can show good cause for additional renewals. A Tier 1 license
32.12issued to teach (1) a class or course in a career and technical education or career pathway
32.13course of study or (2) in a shortage area, as defined in section 122A.06, subdivision 6, may
32.14be renewed without limitation.
32.15    Subd. 4. Application. The Professional Educator Licensing and Standards Board must
32.16accept applications for a Tier 1 teaching license beginning July 1 of the school year for
32.17which the license is requested and must issue or deny the Tier 1 teaching license within 30
32.18days of receiving the completed application.
32.19    Subd. 5. Limitations on license. (a) A Tier 1 license is limited to the content matter
32.20indicated on the application for the initial Tier 1 license under subdivision 1, paragraph (a),
32.21clause (2), and limited to the district or charter school that requested the initial Tier 1 license.
32.22(b) A Tier 1 license does not bring an individual within the definition of a teacher for
32.23purposes of section 122A.40, subdivision 1, or 122A.41, subdivision 1, clause (a).
32.24(c) A Tier 1 license does not bring an individual within the definition of a teacher under
32.25section 179A.03, subdivision 18.
32.26    Subd. 6. Mentorship and evaluation. (a) A teacher holding a Tier 1 license must
32.27participate in the employing district or charter school's mentorship program.
32.28(b) A teacher holding a Tier 1 license must participate in an evaluation aligned, to the
32.29extent practicable, with the evaluation under section 122A.40, subdivision 8, or 122A.41,
32.30subdivision 5.
32.31EFFECTIVE DATE.This section is effective July 1, 2018.

33.1    Sec. 10. [122A.182] TIER 2 LICENSE.
33.2    Subdivision 1. Requirements. (a) The Professional Educator Licensing and Standards
33.3Board must approve a request from a district or charter school to issue a Tier 2 license in a
33.4specified content area to a candidate if:
33.5(1) the candidate meets the educational or professional requirements in paragraph (b)
33.6or (c);
33.7(2) the candidate:
33.8(i) has completed the coursework required under subdivision 2;
33.9(ii) is enrolled in a Minnesota-approved teacher preparation program; or
33.10(iii) has a master's degree in the specified content area; and
33.11(3) the district or charter school demonstrates that a criminal background check has been
33.12completed on the candidate.
33.13(b) A candidate for a Tier 2 license must have a bachelor's degree to teach a class outside
33.14a career and technical education or career pathways course of study.
33.15(c) A candidate for a Tier 2 license must have one of the following credentials in a
33.16relevant content area to teach a class or course in a career and technical education or career
33.17pathways course of study:
33.18(1) an associate's degree;
33.19(2) a professional certification; or
33.20(3) five years of relevant work experience.
33.21    Subd. 2. Coursework. (a) A candidate for a Tier 2 license must meet the coursework
33.22requirement by demonstrating completion of two of the following:
33.23(1) at least eight upper division or graduate-level credits in the relevant content area;
33.24(2) field-specific methods of training, including coursework;
33.25(3) at least two years of teaching experience in a similar content area in any state, as
33.26determined by the board;
33.27(4) a passing score on the pedagogy and content exams under section 122A.185; or
33.28(5) completion of a state-approved teacher preparation program.
33.29(b) For purposes of paragraph (a), "upper division" means classes normally taken at the
33.30junior or senior level of college which require substantial knowledge and skill in the field.
34.1Candidates must identify the upper division credits that fulfill the requirement in paragraph
34.2(a), clause (1).
34.3    Subd. 3. Term of license. The Professional Educator Licensing and Standards Board
34.4must issue an initial Tier 2 license for a term of two years. A Tier 2 license may be renewed
34.5three times. The board must issue rules setting forth the conditions for additional renewals
34.6after the initial license has been renewed three times.
34.7    Subd. 4. Application. The Professional Educator Licensing and Standards Board must
34.8accept applications for a Tier 2 teaching license beginning July 1 of the school year for
34.9which the license is requested and must issue or deny the Tier 2 teaching license within 30
34.10days of receiving the completed application.
34.11    Subd. 5. Limitations on license. (a) A Tier 2 license is limited to the content matter
34.12indicated on the application for the initial Tier 2 license under subdivision 1, paragraph (a),
34.13and limited to the district or charter school that requested the initial Tier 2 license.
34.14(b) A Tier 2 license shall not be construed to bring an individual within the definition
34.15of a teacher for purposes of section 122A.40, subdivision 1, or 122A.41, subdivision 1,
34.16clause (a).
34.17    Subd. 6. Application toward probationary period. (a) The time that a teacher works
34.18under a Tier 2 license must be credited towards the teacher's three-year probationary period
34.19under section 122A.40, subdivision 5, or 122A.41, subdivision 2.
34.20(b) The time credited towards the probationary period under paragraph (a) must not
34.21exceed two years.
34.22(c) The three years of the probationary period, including any time credited under this
34.23subdivision, must run consecutively, consistent with section 122A.40, subdivision 5, or
34.24section 122A.41, subdivision 2.
34.25    Subd. 7. Mentorship and evaluation. (a) A teacher holding a Tier 2 license must
34.26participate in the employing district or charter school's mentorship and evaluation program,
34.27including an individual growth and development plan.
34.28(b) A teacher holding a Tier 2 license must participate in an evaluation aligned, to the
34.29extent practicable, with the evaluation under section 122A.40, subdivision 8, or section
34.30122A.41, subdivision 5.
34.31EFFECTIVE DATE.This section is effective July 1, 2018.

35.1    Sec. 11. [122A.183] TIER 3 LICENSE.
35.2    Subdivision 1. Requirements. (a) The Professional Educator Licensing and Standards
35.3Board must issue a Tier 3 license to a candidate who provides information sufficient to
35.4demonstrate all of the following:
35.5(1) the candidate meets the educational or professional requirements in paragraphs (b)
35.6and (c);
35.7(2) the candidate has obtained a passing score on the required licensure exams under
35.8section 122A.185; and
35.9(3) the candidate has completed the coursework required under subdivision 2.
35.10(b) A candidate for a Tier 3 license must have a bachelor's degree to teach a class or
35.11course outside a career and technical education or career pathways course of study.
35.12(c) A candidate for a Tier 3 license must have one of the following credentials in a
35.13relevant content area to teach a class or course in a career and technical education or career
35.14pathways course of study:
35.15(1) an associate's degree;
35.16(2) a professional certification; or
35.17(3) five years of relevant work experience.
35.18In consultation with the Governor's Workforce Development Council established under
35.19section 116L.665, the board must establish a list of qualifying certifications, and may add
35.20additional professional certifications in consultation with school administrators, teachers,
35.21and other stakeholders.
35.22    Subd. 2. Coursework. A candidate for a Tier 3 license must meet the coursework
35.23requirement by demonstrating one of the following:
35.24(1) completion of a Minnesota-approved teacher preparation program;
35.25(2) completion of a state-approved teacher preparation program that includes field-specific
35.26student teaching equivalent to field-specific student teaching in Minnesota-approved teacher
35.27preparation programs. The field-specific student teaching requirement does not apply to a
35.28candidate that has two years of teaching experience;
35.29(3) submission of a content-specific licensure portfolio;
35.30(4) a professional teaching license from another state, evidence that the candidate's
35.31license is in good standing, and two years of teaching experience;
36.1(5) three years of teaching experience under a Tier 2 license, and evidence of summative
36.2teacher evaluations that did not result in placing or otherwise keeping the teacher on an
36.3improvement process pursuant to section 122A.40, subdivision 8, or section 122A.41,
36.4subdivision 5; or
36.5(6) a passing score on all licensure examinations under section 122A.185 and five years
36.6of teaching experience as the teacher of record in any state.
36.7    Subd. 3. Term of license. The Professional Educator Licensing and Standards Board
36.8must issue an initial Tier 3 license for a term of three years. A Tier 3 license may be renewed
36.9every three years without limitation.
36.10    Subd. 4. Mentorship and evaluation. A teacher holding a Tier 3 license must participate
36.11in the employing district or charter school's mentorship and evaluation program, including
36.12an individual growth and development plan.
36.13EFFECTIVE DATE.This section is effective July 1, 2018.

36.14    Sec. 12. [122A.184] TIER 4 LICENSE.
36.15    Subdivision 1. Requirements. The Professional Educator Licensing and Standards
36.16Board must issue a Tier 4 license to a candidate who provides information sufficient to
36.17demonstrate all of the following:
36.18(1) the candidate meets all requirements for a Tier 3 license under section 122A.183,
36.19and has met the coursework requirements under section 122A.183, subdivision 2, clause
36.20(1) or (2);
36.21(2) the candidate has at least three years of teaching experience in Minnesota;
36.22(3) the candidate has obtained a passing score on all required licensure exams under
36.23section 122A.185; and
36.24(4) the candidate's most recent summative teacher evaluation did not result in placing
36.25or otherwise keeping the teacher in an improvement process pursuant to section 122A.40,
36.26subdivision 8, or 122A.41, subdivision 5.
36.27    Subd. 2. Term of license. The Professional Educator Licensing and Standards Board
36.28must issue an initial Tier 4 license for a term of five years. A Tier 4 license may be renewed
36.29every five years without limitation.
36.30    Subd. 3. Mentorship and evaluation. A teacher holding a Tier 4 license must participate
36.31in the employing district or charter school's mentorship and evaluation program, including
36.32an individual growth and development plan.
37.1    Subd. 4. Five-year license. A five-year license issued by the commissioner of education
37.2before the effective date of this section must be treated as a Tier 4 license established under
37.3this section and section 122A.18. An expired five-year license issued by the commissioner
37.4of education before the effective date of this section fulfills the requirements of subdivision
37.51 for purposes of future licensure by the Professional Educator Licensing and Standards
37.6Board.
37.7EFFECTIVE DATE.This section is effective July 1, 2018.

37.8    Sec. 13. [122A.185] TEACHER LICENSURE ASSESSMENT.
37.9    Subdivision 1. Tests. (a) The Professional Educator Licensing and Standards Board
37.10must adopt rules requiring a candidate to demonstrate a passing score on a board-adopted
37.11examination of skills in reading, writing, and mathematics before being granted a Tier 4
37.12teaching license under section 122A.184 to provide direct instruction to pupils in elementary,
37.13secondary, or special education programs. Candidates may obtain a Tier 1, Tier 2, or Tier
37.143 license to provide direct instruction to pupils in elementary, secondary, or special education
37.15programs if candidates meet the other requirements in section 122A.181, 122A.182, or
37.16122A.183, respectively.
37.17(b) The board must adopt rules requiring candidates for Tier 3 and Tier 4 licenses to
37.18pass an examination of general pedagogical knowledge and examinations of licensure field
37.19specific content. The content examination requirement does not apply if no relevant content
37.20exam exists.
37.21(c) Candidates for initial Tier 3 and Tier 4 licenses to teach elementary students must
37.22pass test items assessing the candidates' knowledge, skill, and ability in comprehensive,
37.23scientifically based reading instruction under section 122A.06, subdivision 4, knowledge
37.24and understanding of the foundations of reading development, development of reading
37.25comprehension and reading assessment and instruction, and the ability to integrate that
37.26knowledge and understanding into instruction strategies under section 122A.06, subdivision
37.274.
37.28(d) The requirement to pass a board-adopted reading, writing, and mathematics skills
37.29examination does not apply to nonnative English speakers, as verified by qualified Minnesota
37.30school district personnel or Minnesota higher education faculty, who, after meeting the
37.31content and pedagogy requirements under this subdivision, apply for a teaching license to
37.32provide direct instruction in their native language or world language instruction under section
37.33120B.022, subdivision 1.
38.1    Subd. 2. Passing scores. The board must establish passing scores in all examinations
38.2required for licensure.
38.3    Subd. 3. Testing accommodations. The board and the entity administering the content,
38.4pedagogy, and skills examinations must allow any individual who produces documentation
38.5of a disability in the form of an evaluation, 504 plan, or individual education program (IEP)
38.6to receive the same testing accommodations on the content, pedagogy, and skills examinations
38.7that the applicant received during the applicant's secondary or postsecondary education.
38.8    Subd. 4. Remedial assistance. (a) A board-approved teacher preparation program must
38.9make available upon request remedial assistance that includes a formal diagnostic component
38.10to persons enrolled in their institution who did not achieve a qualifying score on a
38.11board-adopted skills examination, including those for whom English is a second language.
38.12The teacher preparation programs must make available assistance in the specific academic
38.13areas of candidates' deficiency.
38.14(b) School districts may make available upon request similar, appropriate, and timely
38.15remedial assistance that includes a formal diagnostic component to those persons employed
38.16by the district who completed their teacher education program, who did not achieve a
38.17qualifying score on a board-adopted skills examination, and who received a Tier 1, Tier 2,
38.18or Tier 3 license under sections 122A.181, 122A.182, or 122A.183, respectively, to teach
38.19in Minnesota.
38.20EFFECTIVE DATE.This section is effective July 1, 2018.

38.21    Sec. 14. [122A.187] EXPIRATION AND RENEWAL.
38.22    Subdivision 1. License form requirements. Each license issued under this chapter must
38.23bear the date of issue and the name of the state-approved teacher training provider or
38.24alternative teaching program, as applicable. Licenses must expire and be renewed according
38.25to rules adopted by the Professional Educator Licensing and Standards Board or the Board
38.26of School Administrators. The rules adopted by the Professional Educator Licensing and
38.27Standards Board for renewing a Tier 3 or Tier 4 license under sections 122A.183 and
38.28122A.184, respectively, must include showing satisfactory evidence of successful teaching
38.29or administrative experience for at least one school year during the period covered by the
38.30license in grades or subjects for which the license is valid or completing such additional
38.31preparation as required under this section, or as the Professional Educator Licensing and
38.32Standards Board prescribes. The Board of School Administrators shall establish requirements
38.33for renewing the licenses of supervisory personnel except athletic coaches. The Professional
39.1Educator Licensing and Standards Board shall establish requirements for renewing the
39.2licenses of athletic coaches.
39.3    Subd. 2. Local committees. The Professional Educator Licensing and Standards Board
39.4must receive recommendations from local committees as established by the board for the
39.5renewal of teaching licenses.
39.6    Subd. 3. Professional growth. (a) Applicants for license renewal for a Tier 3 or Tier 4
39.7license under sections 122A.183 and 122A.184, respectively, who have been employed as
39.8a teacher during the renewal period of the expiring license, as a condition of license renewal,
39.9must present to their local continuing education and relicensure committee or other local
39.10relicensure committee evidence of work that demonstrates professional reflection and growth
39.11in best teaching practices, including among other things, cultural competence in accordance
39.12with section 120B.30, subdivision 1, paragraph (q), and practices in meeting the varied
39.13needs of English learners, from young children to adults under section 124D.59, subdivisions
39.142 and 2a. A teacher may satisfy the requirements of this paragraph by submitting the teacher's
39.15most recent summative evaluation or improvement plan under section 122A.40, subdivision
39.168, or 122A.41, subdivision 5.
39.17(b) The Professional Educator Licensing and Standards Board must ensure that its teacher
39.18relicensing requirements include paragraph (a).
39.19    Subd. 4. Behavior interventions. The Professional Educator Licensing and Standards
39.20Board must adopt rules that require all licensed teachers who are renewing a Tier 3 or Tier
39.214 teaching license under sections 122A.183 and 122A.184, respectively, to include in the
39.22renewal requirements further preparation in the areas of using positive behavior interventions
39.23and in accommodating, modifying, and adapting curricula, materials, and strategies to
39.24appropriately meet the needs of individual students and ensure adequate progress toward
39.25the state's graduation rule.
39.26    Subd. 5. Reading preparation. The Professional Educator Licensing and Standards
39.27Board must adopt rules that require all licensed teachers who are renewing a Tier 3 or Tier
39.284 teaching license under sections 122A.183 and 122A.184, respectively, to include in the
39.29renewal requirements further reading preparation, consistent with section 122A.06,
39.30subdivision 4. The rules do not take effect until they are approved by law. Teachers who
39.31do not provide direct instruction including, at least, counselors, school psychologists, school
39.32nurses, school social workers, audiovisual directors and coordinators, and recreation
39.33personnel are exempt from this section.
40.1    Subd. 6. Mental illness. The Professional Educator Licensing and Standards Board must
40.2adopt rules that require all licensed teachers renewing a Tier 3 or Tier 4 teaching license
40.3under sections 122A.183 and 122A.184, respectively, to include in the renewal requirements
40.4at least one hour of suicide prevention best practices in each licensure renewal period based
40.5on nationally recognized evidence-based programs and practices, among the continuing
40.6education credits required to renew a license under this subdivision, and further preparation,
40.7first, in understanding the key warning signs of early-onset mental illness in children and
40.8adolescents and then, during subsequent licensure renewal periods, preparation may include
40.9providing a more in-depth understanding of students' mental illness trauma, accommodations
40.10for students' mental illness, parents' roles in addressing students' mental illness, Fetal Alcohol
40.11Spectrum Disorders, autism, the requirements of section 125A.0942 governing restrictive
40.12procedures, and de-escalation methods, among other similar topics.
40.13EFFECTIVE DATE.This section is effective July 1, 2018.

40.14    Sec. 15. [122A.188] LICENSURE DENIAL; APPEAL.
40.15    Subdivision 1. Denial letter. (a) The Professional Educator Licensing and Standards
40.16Board must inform a candidate within 30 days of receiving a completed application whether
40.17the candidate's application for an initial teaching license or renewal of license has been
40.18approved or denied. A completed application must include all supporting information and
40.19the results of the background check or conduct determination by the board. When an
40.20application is denied, the notification letter must inform the candidate of the process for
40.21seeking review of the denial and of the appeals process provided in this section, including
40.22all deadlines for seeking review of the denial decision and filing an appeal. The notification
40.23letter must identify each licensure requirement the candidate failed to meet.
40.24(b) For purposes of this section, "denial" means denial of an initial license or a denial
40.25of a renewal license. Denial of an initial license includes a grant of a license that is a lower
40.26tier than the candidate applied for and denial of application for an additional field of licensure.
40.27    Subd. 2. Review of denial. A candidate whose license application is denied may seek
40.28review of the denial by submitting a letter to the Professional Educator Licensing and
40.29Standards Board within 30 calendar days of receipt of the denial letter. The candidate may
40.30include any documentation necessary to demonstrate that the candidate meets the licensure
40.31requirements. The board must review the denial within 60 calendar days of receipt of the
40.32letter seeking review. If the board affirms the denial, the board must send the candidate a
40.33letter identifying each licensure requirement the candidate failed to meet and informing the
40.34candidate of the appeal process provided under this section.
41.1    Subd. 3. Appeal. A candidate whose application for license or license renewal has been
41.2denied under subdivisions 1 and 2 may appeal the decision by filing a written request with
41.3the Professional Educator Licensing and Standards Board within 30 days of notice that the
41.4board has affirmed the denial of license. The board must then initiate a contested case under
41.5the Administrative Procedure Act, sections 14.001 to 14.69.
41.6EFFECTIVE DATE.This section is effective July 1, 2018.

41.7    Sec. 16. Minnesota Statutes 2016, section 122A.19, is amended to read:
41.8122A.19 BILINGUAL AND ENGLISH AS A SECOND LANGUAGE TEACHERS;
41.9LICENSES.
41.10    Subdivision 1. Bilingual and English as a second language licenses. The Professional
41.11Educator Licensing and Standards Board of Teaching, hereinafter the board, must grant
41.12teaching licenses in bilingual education and English as a second language to persons who
41.13present satisfactory evidence that they:
41.14(a) (1) possess competence and communicative skills in English and in another language;
41.15(b) (2) possess a bachelor's degree or other academic degree approved by the board, and
41.16meet such requirements as to course of study and training as the board may prescribe,
41.17consistent with subdivision 4; and
41.18(3) meet all other requirements for a teaching license provided in sections 122A.18 to
41.19122A.184.
41.20    Subd. 2. Persons holding general teaching licenses. The board may license a person
41.21who holds a general teaching license in any tier under sections 122A.181 to 122A.184,
41.22respectively, and who presents the board with satisfactory evidence of competence and
41.23communicative skills in a language other than English under this section.
41.24    Subd. 4. Teacher preparation programs. (a) For the purpose of licensing bilingual
41.25and English as a second language teachers, the board may approve programs at colleges or
41.26universities designed for their training. These
41.27(b) Programs that prepare English as a second language teachers must provide instruction
41.28in implementing research-based practices designed specifically for English learners. The
41.29programs must focus on developing English learners' academic language proficiency in
41.30English, including oral academic language, giving English learners meaningful access to
41.31the full school curriculum, developing culturally relevant teaching practices appropriate for
41.32immigrant students, and providing more intensive instruction and resources to English
42.1learners with lower levels of academic English proficiency and varied needs, consistent
42.2with section 124D.59, subdivisions 2 and 2a.
42.3    Subd. 5. Persons eligible for employment. Any person licensed under this section is
42.4eligible for employment by a school board as a teacher in a bilingual education or English
42.5as a second language program in which the language for which the person is licensed is
42.6taught or used as a medium of instruction. A board may prescribe only those additional
42.7qualifications for teachers licensed under this section that are approved by the board of
42.8teaching.
42.9    Subd. 6. Affirmative efforts in hiring. In hiring for all bilingual education program
42.10positions, districts must give preference to and make affirmative efforts to seek, recruit, and
42.11employ persons who (1) are native speakers of the language which is the medium of
42.12instruction in the bilingual education program or share a native language with the majority
42.13of their students, and (2) share the culture of the English learners enrolled in the program.
42.14The district shall provide procedures for involving the parent advisory committees in
42.15designing the procedures for recruiting, screening, and selecting applicants. This section
42.16must not be construed to limit the school board's authority to hire and discharge personnel.
42.17EFFECTIVE DATE.This section is effective July 1, 2018.

42.18    Sec. 17. Minnesota Statutes 2016, section 122A.20, is amended to read:
42.19122A.20 SUSPENSION OR REVOCATION OF LICENSES.
42.20    Subdivision 1. Grounds for revocation, suspension, or denial. (a) The Professional
42.21Educator Licensing and Standards Board of Teaching or Board of School Administrators,
42.22whichever has jurisdiction over a teacher's licensure, may, on the written complaint of the
42.23school board employing a teacher, a teacher organization, or any other interested person,
42.24refuse to issue, refuse to renew, suspend, or revoke a teacher's license to teach for any of
42.25the following causes:
42.26    (1) immoral character or conduct;
42.27    (2) failure, without justifiable cause, to teach for the term of the teacher's contract;
42.28    (3) gross inefficiency or willful neglect of duty;
42.29    (4) failure to meet licensure requirements; or
42.30    (5) fraud or misrepresentation in obtaining a license.
42.31    The written complaint must specify the nature and character of the charges.
43.1    (b) The Professional Educator Licensing and Standards Board of Teaching or Board of
43.2School Administrators, whichever has jurisdiction over a teacher's licensure, shall refuse
43.3to issue, refuse to renew, or automatically revoke a teacher's license to teach without the
43.4right to a hearing upon receiving a certified copy of a conviction showing that the teacher
43.5has been convicted of child abuse, as defined in section 609.185, sex trafficking in the first
43.6degree under section 609.322, subdivision 1, sex trafficking in the second degree under
43.7section 609.322, subdivision 1a, engaging in hiring, or agreeing to hire a minor to engage
43.8in prostitution under section 609.324, subdivision 1, sexual abuse under section 609.342,
43.9609.343 , 609.344, 609.345, 609.3451, subdivision 3, or 617.23, subdivision 3, solicitation
43.10of children to engage in sexual conduct or communication of sexually explicit materials to
43.11children under section 609.352, interference with privacy under section 609.746 or stalking
43.12under section 609.749 and the victim was a minor, using minors in a sexual performance
43.13under section 617.246, possessing pornographic works involving a minor under section
43.14617.247 , or any other offense not listed in this paragraph that requires the person to register
43.15as a predatory offender under section 243.166, or a crime under a similar law of another
43.16state or the United States. The board shall send notice of this licensing action to the district
43.17in which the teacher is currently employed.
43.18    (c) A person whose license to teach has been revoked, not issued, or not renewed under
43.19paragraph (b), may petition the board to reconsider the licensing action if the person's
43.20conviction for child abuse or sexual abuse is reversed by a final decision of the Court of
43.21Appeals or the Supreme Court or if the person has received a pardon for the offense. The
43.22petitioner shall attach a certified copy of the appellate court's final decision or the pardon
43.23to the petition. Upon receiving the petition and its attachment, the board shall schedule and
43.24hold a disciplinary hearing on the matter under section 214.10, subdivision 2, unless the
43.25petitioner waives the right to a hearing. If the board finds that, notwithstanding the reversal
43.26of the petitioner's criminal conviction or the issuance of a pardon, the petitioner is disqualified
43.27from teaching under paragraph (a), clause (1), the board shall affirm its previous licensing
43.28action. If the board finds that the petitioner is not disqualified from teaching under paragraph
43.29(a), clause (1), it shall reverse its previous licensing action.
43.30    (d) For purposes of this subdivision, the Professional Educator Licensing and Standards
43.31Board of Teaching is delegated the authority to suspend or revoke coaching licenses.
43.32    Subd. 2. Mandatory reporting. (a) A school board must report to the Professional
43.33Educator Licensing and Standards Board of Teaching, the Board of School Administrators,
43.34or the Board of Trustees of the Minnesota State Colleges and Universities, whichever has
43.35jurisdiction over the teacher's or administrator's license, when its teacher or administrator
44.1is discharged or resigns from employment after a charge is filed with the school board under
44.2section 122A.41, subdivisions 6, clauses (1), (2), and (3), and 7, or after charges are filed
44.3that are grounds for discharge under section 122A.40, subdivision 13, paragraph (a), clauses
44.4(1) to (5), or when a teacher or administrator is suspended or resigns while an investigation
44.5is pending under section 122A.40, subdivision 13, paragraph (a) clauses (1) to (5); 122A.41,
44.6subdivisions 6, clauses (1) , (2), and (3), and 7; or 626.556, or when a teacher or administrator
44.7is suspended without an investigation under section 122A.41, subdivisions 6, paragraph (a),
44.8clauses (1), (2), and (3), and 7; or 626.556. The report must be made to the appropriate
44.9licensing board within ten days after the discharge, suspension, or resignation has occurred.
44.10The licensing board to which the report is made must investigate the report for violation of
44.11subdivision 1 and the reporting board must cooperate in the investigation. Notwithstanding
44.12any provision in chapter 13 or any law to the contrary, upon written request from the licensing
44.13board having jurisdiction over the license, a board or school superintendent shall provide
44.14the licensing board with information about the teacher or administrator from the district's
44.15files, any termination or disciplinary proceeding, any settlement or compromise, or any
44.16investigative file. Upon written request from the appropriate licensing board, a board or
44.17school superintendent may, at the discretion of the board or school superintendent, solicit
44.18the written consent of a student and the student's parent to provide the licensing board with
44.19information that may aid the licensing board in its investigation and license proceedings.
44.20The licensing board's request need not identify a student or parent by name. The consent
44.21of the student and the student's parent must meet the requirements of chapter 13 and Code
44.22of Federal Regulations, title 34, section 99.30. The licensing board may provide a consent
44.23form to the district. Any data transmitted to any board under this section is private data
44.24under section 13.02, subdivision 12, notwithstanding any other classification of the data
44.25when it was in the possession of any other agency.
44.26(b) The licensing board to which a report is made must transmit to the Attorney General's
44.27Office any record or data it receives under this subdivision for the sole purpose of having
44.28the Attorney General's Office assist that board in its investigation. When the Attorney
44.29General's Office has informed an employee of the appropriate licensing board in writing
44.30that grounds exist to suspend or revoke a teacher's license to teach, that licensing board
44.31must consider suspending or revoking or decline to suspend or revoke the teacher's or
44.32administrator's license within 45 days of receiving a stipulation executed by the teacher or
44.33administrator under investigation or a recommendation from an administrative law judge
44.34that disciplinary action be taken.
45.1(c) The Professional Educator Licensing and Standards Board and Board of School
45.2Administrators must report to the appropriate law enforcement authorities a revocation,
45.3suspension, or agreement involving a loss of license, relating to a teacher or administrator's
45.4inappropriate sexual conduct with a minor. For purposes of this section, "law enforcement
45.5authority" means a police department, county sheriff, or tribal police department. A report
45.6by the Professional Educator Licensing and Standards Board to appropriate law enforcement
45.7authorities does not diminish, modify, or otherwise affect the responsibilities of a school
45.8board or any person mandated to report abuse under section 626.556.
45.9    Subd. 3. Immunity from liability. A school board, its members in their official capacity,
45.10and employees of the district run by the board are immune from civil or criminal liability
45.11for reporting or cooperating as required under subdivision 2, if their actions required under
45.12subdivision 2 are done in good faith and with due care.
45.13EFFECTIVE DATE.This section is effective July 1, 2018.

45.14    Sec. 18. Minnesota Statutes 2016, section 122A.23, subdivision 3, is amended to read:
45.15    Subd. 3. Teacher licensure agreements with adjoining states. (a) Notwithstanding
45.16any other law to the contrary, the Professional Educator Licensing and Standards Board of
45.17Teaching must enter into a National Association of State Directors of Teacher Education
45.18and Certification (NASDTEC) interstate agreement and other interstate agreements for
45.19teacher licensure to allow fully certified teachers from adjoining states to transfer their
45.20certification to Minnesota. The board must enter into these interstate agreements only after
45.21determining that the rigor of the teacher licensure or certification requirements in the
45.22adjoining state is commensurate with the rigor of Minnesota's teacher licensure requirements.
45.23The board may limit an interstate agreement to particular content fields or grade levels based
45.24on established priorities or identified shortages. This subdivision does not apply to
45.25out-of-state applicants holding only a provisional teaching license.
45.26(b) The Professional Educator Licensing and Standards Board of Teaching must work
45.27with designated authorities in adjoining states to establish interstate teacher licensure
45.28agreements under this section.
45.29EFFECTIVE DATE.This section is effective July 1, 2018.

46.1    Sec. 19. [122A.2451] ALTERNATIVE TEACHER PREPARATION PROVIDERS
46.2AND PROGRAMS.
46.3    Subdivision 1. Definitions. (a) "Provider" or "unit" means an eligible entity that seeks
46.4or has obtained approval for an alternative teacher preparation program consistent with this
46.5section.
46.6(b) "Program" means content provided by a provider that leads toward licensure in a
46.7specific content area.
46.8    Subd. 2. Purpose. To provide alternative pathways towards Minnesota teacher licensure
46.9outside of the traditional means, improve ethnic and cultural diversity in the classroom, and
46.10to close the achievement gap, the Professional Educator Licensing and Standards Board
46.11must approve qualified teacher preparation providers and programs under this section that
46.12are a means to acquire a Tier 2 license under section 122A.181 and prepare for acquiring a
46.13Tier 3 license under section 122A.181.
46.14    Subd. 3. Eligibility. A school district, charter school, or nonprofit corporation organized
46.15under chapter 317A for an education-related purpose is eligible to participate under this
46.16section. An eligible entity may apply for provider and program approval simultaneously.
46.17    Subd. 4. Provider approval. An eligible entity must be approved as a provider before
46.18being approved to provide programs towards licensure. The Professional Educator Licensing
46.19and Standards Board must approve eligible entities under subdivision 3 that meet the
46.20following requirements:
46.21(1) has evidence and history of fiscal solvency, capacity, and operation;
46.22(2) has evidence of necessary infrastructure to provide accurate, timely, and secure data
46.23for the purposes of admission, candidate monitoring, testing, background checks, and license
46.24recommendations;
46.25(3) has policies and procedures in place ensuring the security of candidate records under
46.26the federal Family Educational Rights and Privacy Act; and
46.27(4) has the instructional capacity or ability to obtain the instructional capacity to provide
46.28an adequate instructional phase under subdivision 5.
46.29    Subd. 5. Program approval. The board must approve programs offered by approved
46.30providers based on nontraditional criteria. An approved program must have the following
46.31characteristics:
47.1(1) an instructional phase that provides intensive preparation and classroom experience
47.2that is commensurate with the scope of licensure standards defined under rule, before the
47.3teacher candidate assumes classroom responsibilities;
47.4(2) a research-based and results-oriented approach focused on best teaching practices
47.5to increase student proficiency and growth measured against state academic standards;
47.6(3) a strategy to combine pedagogy and best teaching practices to better inform teacher
47.7candidates' classroom instruction;
47.8(4) provide assessment, supervision, and evaluation of teacher candidates to determine
47.9their specific needs throughout the program, and to support efforts to successfully complete
47.10the program;
47.11(5) provide intensive and ongoing professional learning opportunities that accelerate
47.12teacher candidates' professional growth, support student learning, and provide a workplace
47.13orientation, professional staff development, mentoring and peer review, focused on standards
47.14of professional practice and continuous professional growth; and
47.15(6) a process to review a candidate's final proficiency of required licensure content
47.16standards that leads to potential candidate recommendation by the provider to the board for
47.17a Tier 3 teaching license under subdivision 8.
47.18    Subd. 6. Nontraditional means; program instructors. (a) The board must permit
47.19alternative teacher preparation providers and teacher candidates to demonstrate pedagogy
47.20and content standard proficiency in school-based programs and through other nontraditional
47.21means. Nontraditional means may include previous work experiences, teaching experiences,
47.22educator evaluations, industry-recognized certifications, and other essentially equivalent
47.23demonstrations.
47.24(b) The board must use nontraditional criteria to determine qualifications of program
47.25instructors, including permitting instructors to hold a baccalaureate degree only.
47.26    Subd. 7. Program disapproval, suspension. If the board determines that a teacher
47.27preparation provider or licensure program fails to meet or is deficient in any of the
47.28requirements of subdivision 5, it may suspend or revoke the approval of the provider or
47.29program after it notifies the provider of the deficiencies and gives the provider an opportunity
47.30to remedy the deficiencies.
47.31    Subd. 8. Candidate program completion; teacher licensure. (a) A candidate that
47.32completes an approved program must apply for a license under the tiered licensure system
47.33according to section 122A.181.
48.1(b) A person who successfully completes another state's alternative teacher preparation
48.2licensure program may apply to the Professional Educator Licensing and Standards Board
48.3for a Tier 3 license.
48.4    Subd. 9. Reports. (a) An approved alternative teacher preparation provider must report
48.5to the Professional Educator Licensing and Standards Board on items that are defined in
48.6statute regarding program candidates, completion, and effectiveness or other items that are
48.7required under section 122A.09.
48.8(b) The Professional Educator Licensing and Standards Board must submit a biennial
48.9report on the alternative teacher preparation program and providers to legislative committees
48.10having jurisdiction over kindergarten through grade 12 education policy and finance by
48.11January 15 of each odd-numbered year.
48.12EFFECTIVE DATE.This section is effective July 1, 2018.

48.13    Sec. 20. Minnesota Statutes 2016, section 122A.26, subdivision 2, is amended to read:
48.14    Subd. 2. Exceptions. A person who teaches in a community education program which
48.15qualifies for aid pursuant to section 124D.52 shall continue to meet licensure requirements
48.16as a teacher. A person who teaches in an early childhood and family education program
48.17which is offered through a community education program and which qualifies for community
48.18education aid pursuant to section 124D.20 or early childhood and family education aid
48.19pursuant to section 124D.135 shall continue to meet licensure requirements as a teacher. A
48.20person who teaches in a community education course which is offered for credit for
48.21graduation to persons under 18 years of age shall continue to meet licensure requirements
48.22as a teacher. A person who teaches a driver training course which is offered through a
48.23community education program to persons under 18 years of age shall be licensed by the
48.24Professional Educator Licensing and Standards Board of Teaching or be subject to section
48.25171.35 . A license which is required for an instructor in a community education program
48.26pursuant to this subdivision shall not be construed to bring an individual within the definition
48.27of a teacher for purposes of section 122A.40, subdivision 1, or 122A.41, subdivision 1,
48.28clause (a).
48.29EFFECTIVE DATE.This section is effective July 1, 2018.

48.30    Sec. 21. Minnesota Statutes 2016, section 122A.28, is amended to read:
48.31122A.28 TEACHERS OF DEAF AND HARD-OF-HEARING STUDENTS;
48.32LICENSURE REQUIREMENTS.
49.1    Subdivision 1. K-12 license to teach deaf and hard-of-hearing students; relicensure.
49.2(a) The Professional Educator Licensing and Standards Board of Teaching must review and
49.3determine appropriate licensure requirements for a candidate for a license or an applicant
49.4for a continuing license to teach deaf and hard-of-hearing students in prekindergarten through
49.5grade 12. In addition to other requirements, a candidate must demonstrate the minimum
49.6level of proficiency in American sign language as determined by the board.
49.7(b) Among other relicensure requirements, each teacher under this section must complete
49.830 continuing education clock hours on hearing loss topics, including American Sign
49.9Language, American Sign Language linguistics, or deaf culture, in each licensure renewal
49.10period.
49.11    Subd. 2. Licensure for teaching oral/aural deaf education programs. (a) The
49.12Professional Educator Licensing and Standards Board of Teaching shall adopt a separate
49.13licensure rule for a candidate for a license or an applicant for a continuing license to teach
49.14in oral/aural deaf education programs or to provide services, including itinerant oral/aural
49.15deaf education services, to deaf and hard-of-hearing students in prekindergarten through
49.16grade 12.
49.17(b) The board shall design rule requirements for teaching oral/aural deaf education in
49.18collaboration with representatives of parents and educators of deaf and hard-of-hearing
49.19students, postsecondary programs preparing teachers of deaf and hard-of-hearing students,
49.20and the Department of Education.
49.21(c) Rule requirements for teaching oral/aural deaf education shall reflect best practice
49.22research in oral/aural deaf education. Advanced competencies in teaching deaf and
49.23hard-of-hearing students through oral/aural modes shall be included.
49.24(d) Licensure requirements for teachers of oral/aural deaf education must include
49.25minimum competency in American sign language, but are not subject to the guidelines
49.26established in Laws 1993, chapter 224, article 3, section 32, as amended by Laws 1998,
49.27chapter 398, article 2, section 47. The signed communication proficiency interview shall
49.28not be required for teachers licensed to teach deaf and hard-of-hearing students through
49.29oral/aural deaf education methods.
49.30(e) Requirements for teachers or oral/aural deaf education shall include appropriate
49.31continuing education requirements for renewing this licensure.
49.32EFFECTIVE DATE.This section is effective July 1, 2018.

50.1    Sec. 22. Minnesota Statutes 2016, section 122A.29, is amended to read:
50.2122A.29 TEACHERS OF BLIND AND VISUALLY IMPAIRED STUDENTS;
50.3LICENSURE REQUIREMENTS.
50.4Teachers licensed in the education of blind and visually impaired students must
50.5demonstrate competence in reading and writing Braille. The Professional Educator Licensing
50.6and Standards Board of Teaching, at such time as a valid and reliable test is available, shall
50.7adopt a rule to assess these competencies that is consistent with the standards of the National
50.8Library Services for the Blind and Physically Handicapped.
50.9EFFECTIVE DATE.This section is effective July 1, 2018.

50.10    Sec. 23. Minnesota Statutes 2016, section 122A.30, is amended to read:
50.11122A.30 EXEMPTION FOR CAREER AND TECHNICAL EDUCATION
50.12INSTRUCTORS.
50.13(a) Notwithstanding section 122A.15, subdivision 1, and upon approval of the local
50.14employer school board, a person who teaches in a part-time vocational or career and technical
50.15education program is exempt from a license requirement. Nothing in this section shall
50.16exclude licensed career and technical educators from the definition of "teacher" in section
50.17122A.40 , 122A.41, or 179A.03.
50.18(b) This section expires June 30, 2020. After this section expires, persons who teach in
50.19a part-time vocational or career and technical education program may apply for a teaching
50.20license provided in sections 122A.18 to 122A.184.
50.21EFFECTIVE DATE.This section is effective July 1, 2018.

50.22    Sec. 24. Minnesota Statutes 2016, section 124D.13, subdivision 11, is amended to read:
50.23    Subd. 11. Teachers. A school board must employ necessary licensed teachers for its
50.24early childhood family education programs. The Board of Teaching, at its discretion, may
50.25grant an applicant a variance under this subdivision, consistent with sections 122A.09,
50.26subdivision 10 , and 122A.25, and Board of Teaching rules.
50.27EFFECTIVE DATE.This section is effective January 1, 2018.

50.28    Sec. 25. Minnesota Statutes 2016, section 124D.454, subdivision 12, is amended to read:
50.29    Subd. 12. Compliance with rules. Aid must be paid under this section only for services
50.30rendered or for costs incurred in career and technical education programs approved by the
51.1commissioner and operated in accordance with rules promulgated by the commissioner.
51.2This aid shall be paid only for services rendered and for costs incurred by essential, licensed
51.3personnel who meet the requirements for licensure pursuant to the rules of the Minnesota
51.4Professional Educator Licensing and Standards Board of Teaching. Licensed personnel
51.5means persons holding a valid career and technical license issued by the commissioner
51.6Professional Educator Licensing and Standards Board under section 122A.30. If an average
51.7of five or fewer secondary full-time equivalent students are enrolled per teacher in an
51.8approved postsecondary program at Intermediate District No. 287, 916, or 917, licensed
51.9personnel means persons holding a valid vocational license issued by the commissioner or
51.10the Board of Trustees of the Minnesota State Colleges and Universities. Notwithstanding
51.11section 127A.42, the commissioner may modify or withdraw the program or aid approval
51.12and withhold aid under this section without proceeding under section 127A.42 at any time.
51.13To do so, the commissioner must determine that the program does not comply with rules
51.14of the Department of Education or that any facts concerning the program or its budget differ
51.15from the facts in the district's approved application.
51.16EFFECTIVE DATE.This section is effective July 1, 2018.

51.17    Sec. 26. Minnesota Statutes 2016, section 124D.75, subdivision 1, is amended to read:
51.18    Subdivision 1. American Indian language and culture education licenses. The
51.19Professional Educator Licensing and Standards Board of Teaching, in consultation with the
51.20Tribal Nations Education Committee, must grant initial and continuing teaching licenses
51.21in American Indian language and culture education that bear the same duration as other
51.22initial and continuing licenses. The board must grant licenses to persons who present
51.23satisfactory evidence that they:
51.24(1) possess competence in an American Indian language or possess unique qualifications
51.25relative to or knowledge and understanding of American Indian history and culture; or
51.26(2) possess a bachelor's degree or other academic degree approved by the board or meet
51.27such requirements as to course of study and training as the board may prescribe, or possess
51.28such relevant experience as the board may prescribe.
51.29This evidence may be presented by affidavits, tribal resolutions, or by such other methods
51.30as the board may prescribe. Individuals may present applications for licensure on their own
51.31behalf or these applications may be submitted by the superintendent or other authorized
51.32official of a school district, participating school, or an American Indian school.
51.33EFFECTIVE DATE.This section is effective January 1, 2018.

52.1    Sec. 27. Minnesota Statutes 2016, section 124D.75, subdivision 6, is amended to read:
52.2    Subd. 6. Persons eligible for employment; exemptions. Any person licensed under
52.3this section shall be eligible for employment by a school board or a participating school as
52.4a teacher in an American Indian education program in which the American Indian language
52.5or culture in which the person is licensed is taught. A school district or participating school
52.6may prescribe only those additional qualifications for teachers licensed under this section
52.7as are approved by the Professional Educator Licensing and Standards Board of Teaching.
52.8Any school board or participating school upon request may be exempted from the licensure
52.9requirements of this section in the hiring of one or more American Indian language and
52.10culture education teachers for any school year in which compliance would, in the opinion
52.11of the commissioner Professional Educator Licensing and Standards Board, create a hardship
52.12in the securing of the teachers.
52.13EFFECTIVE DATE.This section is effective January 1, 2018.

52.14    Sec. 28. Minnesota Statutes 2016, section 125A.67, subdivision 2, is amended to read:
52.15    Subd. 2. Teacher standards. A teacher or administrator at the academies is subject to
52.16the licensure standards of the Professional Educator Licensing and Standards Board of
52.17Teaching or the commissioner of education. An administrator at the academies is subject
52.18to the licensure standards of the Board of School Administrators.
52.19EFFECTIVE DATE.This section is effective July 1, 2018.

52.20    Sec. 29. Minnesota Statutes 2016, section 136A.1791, subdivision 1, is amended to read:
52.21    Subdivision 1. Definitions. (a) The terms used in this section have the meanings given
52.22them in this subdivision.
52.23(b) "Qualified educational loan" means a government, commercial, or foundation loan
52.24for actual costs paid for tuition and reasonable educational and living expenses related to a
52.25teacher's preparation or further education.
52.26(c) "School district" means an independent school district, special school district,
52.27intermediate district, education district, special education cooperative, service cooperative,
52.28a cooperative center for vocational education, or a charter school located in Minnesota.
52.29(d) "Teacher" means an individual holding a teaching license issued by the licensing
52.30division in the Department of Education on behalf of the Board of Teaching Professional
52.31Educator Licensing and Standards Board who is employed by a school district to provide
52.32classroom instruction in a teacher shortage area.
53.1(e) "Teacher shortage area" means the licensure fields and economic development regions
53.2reported by the commissioner of education as experiencing a teacher shortage.
53.3(f) "Commissioner" means the commissioner of the Office of Higher Education unless
53.4indicated otherwise.
53.5EFFECTIVE DATE.This section is effective July 1, 2018.

53.6    Sec. 30. TEACHER OF SPECIAL EDUCATION LICENSE REVIEW.
53.7The Professional Educator Licensing and Standards Board must conduct a review of all
53.8the available teacher of special education licenses and determine the options for
53.9cross-categorical licenses for teachers of special education. The board must report its findings
53.10and draft legislation, if needed, to the legislative committees having jurisdiction over
53.11kindergarten through grade 12 education by December 14, 2018.

53.12    Sec. 31. RULE CHANGE; ACADEMIC AND BEHAVIORAL STRATEGIST
53.13LICENSURE.
53.14No later than September 1, 2017, the Board of Teaching must amend Minnesota Rules,
53.15part 8710.5050, subpart 4, so that academic and behavioral strategist continuing licenses
53.16under that part may be issued and renewed according to rules of the Board of Teaching
53.17governing continuing licenses and without requiring the candidate to hold or be recommended
53.18for licensure in any other licensure field. The board shall use the good cause exemption
53.19under Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt rules under
53.20this section, and Minnesota Statutes, section 14.386, does not apply except as provided in
53.21Minnesota Statutes, section 14.388.
53.22EFFECTIVE DATE.This section is effective the day following final enactment.

53.23    Sec. 32. LICENSES UNDER JURISDICTION OF THE BOARD OF TEACHING.
53.24    Subdivision 1. One-year license. A one-year license issued by the commissioner of
53.25education before the effective date of this section must be treated as a Tier 1 license
53.26established under Minnesota Statutes, sections 122A.18 and 122A.181.
53.27    Subd. 2. Two-year license. A two-year license issued by the commissioner of education
53.28before the effective date of this section must be treated as a Tier 2 license established under
53.29Minnesota Statutes, sections 122A.18 and 122A.182.
53.30    Subd. 3. Five-year license. A five-year license must be treated in accordance with
53.31Minnesota Statutes, section 122A.184, subdivision 4.
54.1EFFECTIVE DATE.This section is effective July 1, 2018.

54.2    Sec. 33. PERMISSIONS, WAIVERS, EXCEPTIONS, AND VARIANCES.
54.3The Professional Educator Licensing and Standards Board may grant an extension of
54.4up to one year for a permission, waiver, variance, or temporary limited license in effect on
54.5January 1, 2018.
54.6EFFECTIVE DATE.This section is effective January 1, 2018.

54.7    Sec. 34. TEACHERS OF ENGLISH AS A SECOND LANGUAGE.
54.8(a) Notwithstanding the teacher's field of licensure, a teacher may provide content
54.9instruction in a district or charter school until the end of the 2018-2019 school year if the
54.10teacher:
54.11(1) held a kindergarten through grade 12 English as a second language (ESL) license
54.12during the 2016-2017 school year;
54.13(2) provided content instruction as a highly qualified teacher under the No Child Left
54.14Behind Act to English language learners, as defined under Minnesota Statutes, section
54.15124D.59; and
54.16(3) taught in a classroom where both state content standards and English language
54.17development standards were satisfied.
54.18(b) For the 2019-2020 school year and later, a teacher with an ESL license must meet
54.19all applicable licensing requirements in chapter 122A and rules adopted by the Professional
54.20Educator Licensing and Standards Board.
54.21EFFECTIVE DATE.This section is effective the day following final enactment.

54.22    Sec. 35. REPEALER.
54.23Minnesota Statutes 2016, sections 122A.14, subdivision 5; 122A.162; 122A.163;
54.24122A.18, subdivisions 2a, 3, 3a, 4, 4a, 6, 7, and 7b; 122A.21, subdivision 2; 122A.23,
54.25subdivisions 1 and 2; 122A.245; and 122A.25, are repealed.

54.26ARTICLE 3

54.27NONTEACHER CREDENTIALING

54.28    Section 1. Minnesota Statutes 2016, section 120B.363, subdivision 1, is amended to read:
55.1    Subdivision 1. Rulemaking. The Professional Educator Licensing and Standards Board
55.2of Teaching must adopt rules to implement a statewide credential for education
55.3paraprofessionals who assist a licensed teacher in providing student instruction. Any
55.4paraprofessional holding this credential or working in a local school district after meeting
55.5a state-approved local assessment is considered to be highly qualified under federal law.
55.6Under this subdivision, the Professional Educator Licensing and Standards Board of
55.7Teaching, in consultation with the commissioner, must adopt qualitative criteria for approving
55.8local assessments that include an evaluation of a paraprofessional's knowledge of reading,
55.9writing, and math and the paraprofessional's ability to assist in the instruction of reading,
55.10writing, and math. The commissioner must approve or disapprove local assessments using
55.11these criteria. The commissioner must make the criteria available to the public.
55.12EFFECTIVE DATE.This section is effective January 1, 2018."
55.13Delete the title and insert:

55.14"A bill for an act

55.15relating to education; restructuring Minnesota's teacher licensing system;
55.16establishing the Professional Educator Licensing and Standards Board; transferring
55.17all teacher licensing and support personnel licensing and credentialing authority
55.18to the Professional Educator Licensing and Standards Board; providing for
55.19rulemaking; requiring a report;amending Minnesota Statutes 2016, sections
55.20120B.363, subdivision 1; 122A.06; 122A.07; 122A.08; 122A.09, subdivisions 1,
55.212, 3, 4, 4a, 6, 7, 9, 10; 122A.17; 122A.18, subdivisions 1, 2, 2b, 7a, 7c, 8, by adding
55.22a subdivision; 122A.19; 122A.20; 122A.22; 122A.23, subdivision 3; 122A.26,
55.23subdivision 2; 122A.28; 122A.29; 122A.30; 124D.13, subdivision 11; 124D.454,
55.24subdivision 12; 124D.75, subdivisions 1, 6; 125A.67, subdivision 2; 127A.05,
55.25subdivision 6; 136A.1791, subdivision 1; 214.04, subdivision 1; 214.045; proposing
55.26coding for new law in Minnesota Statutes, chapter 122A; repealing Minnesota
55.27Statutes 2016, sections 122A.09, subdivisions 5, 8, 11; 122A.14, subdivision 5;
55.28122A.162; 122A.163; 122A.18, subdivisions 2a, 3, 3a, 4, 4a, 6, 7, 7b; 122A.21,
55.29subdivision 2; 122A.23, subdivisions 1, 2; 122A.245; 122A.25."

	We request the adoption of this report and repassage of the bill.
	House Conferees:
	.....		.....
	Sondra Erickson		Peggy Bennett
	.....
	Carlos Mariani
	Senate Conferees:
	.....		.....
	Eric R. Pratt		Karin Housley
	.....
	Susan Kent